Legal Opinion

Rexford v. Sears Corp.

Massachusetts District Court, Appellate Division

Decided September 28, 1992Published

1Opinion of the CourtKane, J.

Plaintiff asks us to determine if the trial judge erred in finding that defendant, acting as a bailee for hire, exercised due care. The following facts guide our review.

Plaintiff took his truck to Sears for installation of a bedliner. Sears is located in the South Shore Plaza where plaintiff works. Plaintiff instructed Sears to call him when the work was done. Upon installing the bedliner, Sears, without calling, moved the truck from its enclosed garage to a public parking space; locked it; and secured the keys. This parking space is more centrally located than the public parking space…

2Cases cited5 opinions

  1. Knowles v. Gilchrist Co.Massachusetts Supreme Judicial Court · 1972
  2. Butler v. Bowdoin Square Garage, Inc.Massachusetts Supreme Judicial Court · 1952
  3. Wright v. Heil Equipment Co.Massachusetts Supreme Judicial Court · 1970
  4. Rabinovitzch v. Sea Crest Cadillac-Pontiac, Inc.Massachusetts Supreme Judicial Court · 1975
  5. Boisjolie v. Casey Chevrolet, Inc.Massachusetts District Court, Appellate Division · 1987

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