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Global Companies LLC...............................................................P. 48
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Hiltz Propane Systems................................................................P. 43
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Holden Oil Co., of Peabody, Mass., was
recently exonerated in a lawsuit filed by a
customer who claimed the oil company was
responsible for soot accumulation inside
the home.
The Joyce Law Group of Canton, Mass.
won the jury verdict in favor of Holden
Oil, defending the company against a
claim seeking $826,000 in damages alleg-
edly caused by soot entering a home in
Lynnfield, Mass. After a trial that lasted
nine days, an Essex Superior Court jury
found that Holden Oil was not responsible
for the damage to the home.
Holden Oil provided service for the
oil-fired boiler in the home’s heating system
in 2007 and 2008. In February 2008 the
homeowners, Dwight and Lisa DeGeorge,
began to notice soot building up in the
basement and throughout the house. The
DeGeorges filed an insurance claim for
costs associated with the dispersal of soot,
replacing damaged furniture and renovating
the home’s interior. Arbella Insurance, the
homeowners’ insurance company, paid the
claim in the amount of $826,000.
Through a legal claim known as
subroga-
tion
, Arbella filed a lawsuit against Holden
Oil to recover the amount paid to the home-
owners, asserting that the oil company’s
negligence was responsible for the dispersal
of soot in the DeGeorges’ home.
The DeGeorges also filed a separate
$1 million lawsuit against Holden Oil for
alleged adverse health affects, respiratory
issues, psychological injuries, and impaired
earning capacity. They also brought claims
on behalf of their six children for alleged
similar adverse health affects and psycho-
logical injuries.
A nine-day jury trial was held in Essex
Superior Court in Salem, Mass. inNovember
2013. Just prior to the start of trial, the trial
judge consolidated the two separate claims,
substituting Dwight and Lisa DeGeorge for
Arbella Insurance as the plaintiffs, after
determining that the homeowners were
the party who had allegedly suffered the
property damage.
At trial, Holden Oil argued that it had
complied with industry and regulatory stan-
dards governing service work on oil boilers,
and that technicians from Holden Oil had
properly serviced the heating system.
Holden also argued that the improper
installation of the boiler and a defect in the
chimney that provided draft for the boiler
led to the intrusion of soot and particulates
into the home. Physician and hospital
reports revealed that no medical problems
or psychological injuries existed in the
homeowners or their children.
At the conclusion of arguments, the jury
deliberated briefly before returning a verdict
exonerating Holden Oil for responsibility.
“This is a significant victory in a
potentially very expensive lawsuit for
a family business that enjoys an excellent
reputation,” said Brian A. Joyce, Managing
Partner of the Joyce Law Group. “Our
attorneys’ preparation and presentation of
case proved beyond any doubt that Holden
Oil was not negligent in the work they
performed, and bore no responsibility for
the damages claimed by the litigants and
their insurer.”
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