Palriwala v. Palriwala Corp.9/30/2005
Middlesex.
March 11, 2005.
Present: Gelinas, Brown, & Duffly, JJ.
Practice, Civil, Notice of appeal, Special verdict. Contract, Performance and breach. Damages, Quantum meruit, Breach of contract. Evidence, Expert opinion.
Civil action commenced in the Superior Court Department on October 25, 1996.
The case was tried before Wendie I. Gershengorn, J.
A jury, asked to render special verdicts pursuant to Mass.R.Civ.P. 49(a), 365 Mass. 812 (1974), found that Satya Palriwala and his wife Sushila had provided services for Satya's older brother, Gauri S. Palriwala, and awarded two million dollars on their claim for quantum meruit damages; the trial judge, concluding that this special verdict was in conflict with the jury's finding that a contract existed between Gauri S. Palriwala and Satya and Sushila, which had not been breached, ordered judgment to issue in favor of the defendant. Judgment entered dismissing the claims of the plaintiffs Mahesh Palriwala and his wife Rekha, based on the jury's findings that a contract existed between them and Gauri S. Palriwala that had not been breached, and also that Mahesh and Rekha were not entitled to recover damages under a theory of quantum meruit.
The defendant asserts as a preliminary matter that the plaintiffs' notice of appeal was timely filed only as to Mahesh. As we will discuss, we think that it was timely as to all four plaintiffs. We conclude that the jury followed the trial judge's instructions and agree with Satya and Sushila that the special verdict in their favor on their claim for quantum meruit damages finds support in the evidence and is not inconsistent. We, therefore, reverse the order that judgment enter in favor of the defendant on the quantum meruit based claims of Satya and Sushila. We affirm the judgments in favor of the defendant on the claims of Mahesh and Rekha.
1. Summary of Proceedings
The plaintiffs, Satya and Sushila Palriwala, together with their son Mahesh and his wife, Rekha Palriwala, brought suit in Superior Court against Bijay Palriwala, the executor of the estate of Bijay's father (and Satya's brother), Gauri S. Palriwala (referred to here and in the pleadings as "GS," by which he was known during his lifetime). The gist of the plaintiffs' allegations in their verified complaint is that they had each provided a variety of services, over a period of years, as requested by GS -- a wealthy businessman who became increasingly more disabled from the effects of childhood polio -- who promised them housing and that they would be taken care of financially if they left their homes and employment in India to come to the United States.
The complaint alleges that, on the strength of GS's promises, Satya and his wife, Sushila, moved to Massachusetts in 1979, where Satya began employment with Asiatic, one of GS's businesses; Satya and Sushila lived with GS in his apartment and took care of all of GS's needs until 1982, when they returned to India . Asked by GS to return, they did so in 1984 and provided services as requested until GS was hospitalized in October, 1992. In 1989, in reliance upon similar promises, Mahesh and Rekha left India and joined Mahesh's parents in providing services to GS. It is alleged that GS died in 1996 without making good on his promises.
Counts I through V of the plaintiffs' complaint were dismissed, upon the parties' reported settlement of those claims, before the jury began their deliberations. The jury returned answers, which are considered special verdicts, on the two remaining counts against the estate: a breach of contract claim (Count VI), alleging the existence of an a
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