Massachusetts Port Authority v. Sciaba Construction Corp.

766 N.E.2d 118, 54 Mass. App. Ct. 509, 2002 Mass. App. LEXIS 548
CourtMassachusetts Appeals Court
DecidedApril 16, 2002
DocketNo. 99-P-784
StatusPublished
Cited by15 cases

This text of 766 N.E.2d 118 (Massachusetts Port Authority v. Sciaba Construction Corp.) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Massachusetts Port Authority v. Sciaba Construction Corp., 766 N.E.2d 118, 54 Mass. App. Ct. 509, 2002 Mass. App. LEXIS 548 (Mass. Ct. App. 2002).

Opinion

Doerfer, J.

While workers from Sciaba Construction Corporation (Sciaba) were working on a platform owned by the Massachusetts Port Authority (authority), a fire broke out causing substantial damage to the platform. In this action for negligence1 the authority obtained a judgment for damages in the amount of $681,934.502 against Sciaba. This appeal raises issues as to whether (1) evidence of replacement cost should have been considered by the jury and (2) whether the jury had adequate evidence and appropriate instructions on the issue of the obsolescence and depreciation of the platform at the time of the fire.

Evidence at trial. The legislation creating the authority charges it with, among other things, the improvement and operation of the East Boston waterfront property that is the subject of this appeal. See St. 1956, c. 465, §§ 1-6. In 1986, legislation was enacted directing the authority “to do any and all things necessary” to convert the property into public parks and a lobster terminal. See St. 1986, c. 349, § 4.

Pursuant to this legislative directive, the authority initiated the process of creating a waterfront park, now known as Piers Park, in East Boston for the recreational benefit of the public in general and the residents of East Boston in particular. The plan was to use an existing platform that was resting on wooden pilings as the base upon which to construct recreational improvements such as a walkway along the waterfront, an amphitheater, several pavilions, a playground, a wading pool, and significant landscaping. The platform needed approximately $280,000 in renovations to serve as a suitable support for such improvements. The authority hired Sciaba to perform the work.

[511]*511While Sciaba was working with torches on the platform to remove some metal fittings during a heavy windstorm, hot metal fell onto the creosote-treated wood members comprising the platform and its underlying pilings and supports, igniting them and causing them severe damage. In this action the authority claimed that Sciaba was negligent in performing “hot work” on a windy day without proper permission and without adequate safety precautions.

On the question of damages caused by Sciaba’s negligence, the authority put in evidence testimony tending to show that roughly sixty-one percent of the wooden members of the platform, other than the pilings, needed to be replaced after the fire. A consultant for the authority identified three options for completing the project. The first option was to completely remove the existing (and now fire damaged) structure, including the timber pilings and replace it with a new, entirely concrete, structure. The second option was to remove only the timber structure and replace it with concrete but to leave the wooden pilings on which it rested. The final option was to replace the timber members of the structure with new timber, while also leaving the existing pilings in place.

The consultant arrived at net cost estimates for each of these options after deducting the amounts that would be saved by not proceeding under the prefire schedule of work. For option 1, the cost estimate was $1,049,130, after deducting approximately $302,239, which represented the money earmarked by the authority for various aspects of the original contract, including replacing, testing, and treating the timber portions of the platform. Given that option 1 contemplated an entirely concrete structure, all costs relating to timber were avoided.3 The net cost of option 2 was $1,104,264. Option 3 had an estimated net cost of $1,158,931. Since options 2 and 3 were closer to the original plan, in that each maintained at least a portion of the timber structure and encompassed many of the same construction tasks, the reductions were significantly less: $139,381 for option 2 and $38,925 for option 3.

[512]*512Sciaba objected to the introduction of evidence of the cost of repairs or replacement on the ground that the only relevant evidence on the question of damages was the difference in fair market value caused by the fire. Neither the authority nor Sciaba introduced any evidence as to fair market value of the structure as measured by comparable sales or capitalization of earnings.

Jury instructions. The case was submitted to the jury as a series of questions. After instructing the jury that ordinarily the measure of damages is the diminution of market value resulting from a wrongful act, and explaining the “alternative formulation” of replacement cost, the judge instructed the jury:

“[y]ou may consider the traditional way of assessing these kinds of damages, which means the diminution in value, the value of the pier before the injury and the value of the pier after the injury, and that differential being a measure of damages, of direct damages. Or, if you were to find that you can’t reach that value, that it would be inappropriate or unfair to have that be the measure of damages, you could look for an alternative method.”.

On the question, “[wjhat sum of money will fairly compensate [the authority] for injury caused by the negligence of Sciaba,” the jury answered $1,049,130. This figure was identical to, and undoubtedly represented, the net cost of replacing the pier as estimated by the authority’s consultant under option 1.

The judge also submitted two advisory special questions to the jury applicable to damages. One asked, “What was the change in the value of the pier as a result of the fire? (value before minus value after).” It was answered, “cannot be determined because value of pier prior to fire unknown.” The other question asked, “What amount would have had to be expended to restore the pier to its pre-fire state,” and it was answered, “cannot be determined.”

The defendant moved for a judgment notwithstanding the verdict and for a new trial. In his memorandum of decision denying these motions the judge noted that

“[t]he jury were instructed as to alternative theories of tort damages in regard to the damage to the pier. It appeared that an assessment of the difference in fair market value of [513]*513the pier pre-fire and post-fire was probably not ascertainable and, even if it were, it would not approach a just assessment of the real injury to the aggrieved party .... The jury scrutinized the evidence on the destruction of the pier, the options available to remediate the damage caused by Sciaba, and carefully assessed damages. The recognition by the jury that the traditional formula for tort damages would not meet the ends of justice allowed them to consider . . . alternative approaches . . . .”

Recoverable damages for tortious injury to real property. In general, a party who suffers injury that is proximately caused by the negligence of another is entitled to be fairly compensated by the tortfeasor for his or her loss; this principle underlies the rules for recovery of negligent damage to real property. See Commonwealth v. Johnson Insulation, 425 Mass. 650, 666 (1997). Because real property is often unique, no fixed formula for measuring damages has been derived from this principle. Trinity Church in the City of Boston v. John Hancock Mut. Life Ins. Co., 399 Mass. 43, 48-49 (1987), citing Wall v. Platt, 169 Mass. 398, 405-406 (1897).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Vintage Rockland Realty Trust v. Smiths Med. ASD, Inc.
287 F. Supp. 3d 126 (District of Columbia, 2018)
Ramirez v. Commerce Insurance Co.
Massachusetts Appeals Court, 2017
Irwin v. Degtiarov
8 N.E.3d 296 (Massachusetts Appeals Court, 2014)
Dartmouth Fire Department No. 3 v. Quality Oil Co.
2013 Mass. App. Div. 35 (Mass. Dist. Ct., App. Div., 2013)
Irwin v. Deresh
2012 Mass. App. Div. 142 (Mass. Dist. Ct., App. Div., 2012)
Russell v. City of New Bedford
910 N.E.2d 404 (Massachusetts Appeals Court, 2009)
Romeo v. White
26 Mass. L. Rptr. 148 (Massachusetts Superior Court, 2009)
Glavin v. Eckman
881 N.E.2d 820 (Massachusetts Appeals Court, 2008)
OneBeacon Insurance Group v. RSC Corp.
868 N.E.2d 644 (Massachusetts Appeals Court, 2007)
O'Malley v. Ruhan
2006 Mass. App. Div. 177 (Mass. Dist. Ct., App. Div., 2006)
Berish v. Bornstein
21 Mass. L. Rptr. 530 (Massachusetts Superior Court, 2006)
Massachusetts Port Authority v. Employers Insurance of Wausau
19 Mass. L. Rptr. 32 (Massachusetts Superior Court, 2004)
Vigorito v. Ciulla Builders, Inc.
783 N.E.2d 883 (Massachusetts Appeals Court, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
766 N.E.2d 118, 54 Mass. App. Ct. 509, 2002 Mass. App. LEXIS 548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/massachusetts-port-authority-v-sciaba-construction-corp-massappct-2002.