Burnham v. Mark IV Homes, Inc.

Clyde Burnham and fourteen other plaintiffs, representing nine households, purchased nine modular homes 3 which had been manufactured by Mark IV Homes, Inc. 4 (Mark IV), in a factory in Pennsylvania. The plaintiffs, seeking to recover for negligence, breaches of warranty, and violations of G. L. c. 93A, brought suit against Mark IV. At the close of the plaintiffs’ case, the trial judge allowed Mark IV’s motion to dismiss the c. 93A claims. 5 The jury returned a verdict for the plaintiffs on the remaining counts. The plaintiffs appealed claiming that the judge had erred in dismissing their c.…