Joshua M. Bowman quoted in MLW on slip-and-fall indemnification claim

September 10, 2021

Joshua M. Bowman, chair of the firm’s Hospitality Practice Group, was quoted in a Massachusetts Lawyers Weekly (MLW) article on Sept. 2, 2021. The article, “PI firm bushwhacked by slip-and-fall indemnification claim,” covers a suit filed by the insurance carrier for Eden, Rafferty, Tetreau & Erlich’s landlord seeking indemnification for damages suffered by a former employee who slipped and fell in an icy parking lot on the property where the firm rents their office space from 238 Shrewsbury Street, LLC.

Read the full article in Massachusetts Lawyers Weekly (subscriber content).

From the article:

“Boston commercial leasing attorney Joshua M. Bowman, who was not involved in the case, views the dispute as stemming from an unfortunate series of mistakes that has come back to bite both the landlord and the tenants.

‘They signed the leases in the wrong name,’ says Bowman, of Sherin & Lodgen. ‘You have a general partnership — Eden Rafferty — that as a matter of Massachusetts law should be the tenant under the lease. Eden Rafferty was the policyholder, but there’s an issue that [lessees] Eden P.C. and Rafferty P.C. are not the named insureds on the insurance. The landlord and the tenant were not as careful as they should have been in observing corporate formalities.'”