Landlord and tenant – Commercial lease – Landlord’s duty to repair

Where a plaintiff was injured on premises leased by his employer from the defendant, the plaintiff is unable under applicable Massachusetts law to hold the defendant liable on a negligence theory.

Fernandes v. AGAR Supply Company, Inc. (Lawyers Weekly No. 01-197-12) (11 pages) (Lynch, C.J.) (1st Circuit) Appealed from a decision by Casper, J., in the U.S. District Court for the District of Massachusetts. J. Michael Conley, with whom Kenney & Conley was on brief, for the plaintiff-appellant; Joseph T. Black, with whom Law Offices of Brown & Black was on brief, for the defendant-appellee (Docket No. 11-1772) (July 30, 2012).