Gibson Foundation, Inc. v. Norris, No. 22-1837 (1st Cir. 2023)
Annotate this CaseIn this case, the Gibson Foundation, a charitable arm of Gibson Brands, sued Rob Norris and The Piano Mill Group, alleging that they breached a contract and bailment when they refused to return a piano that had been used by entertainer Liberace, upon Gibson Foundation's request. The piano was initially transferred from Gibson Brands to Norris and Piano Mill. The United States Court of Appeals for the First Circuit concluded that the breach-of-bailment claim was not time-barred, reversing the lower court's decision. The court explained that a reasonable juror could find that Gibson Brands, the original owner of the piano, and Norris and Piano Mill had a mutual agreement where Gibson Brands would avoid storage costs by leaving the piano with Norris and Piano Mill, who would benefit from using the piano for promotional opportunities. Therefore, the six-year statute of limitations for certain contract claims applied, rather than the three-year limit for tort claims. However, the court affirmed the lower court's decision that a genuine issue of material fact existed as to whether Gibson Foundation, or its predecessor in title, Gibson Brands, owned the piano in question, which is necessary to establish a valid contract or bailment. The court also affirmed the lower court's denial of summary judgment to Gibson Foundation on the breach of contract claim, noting that a reasonable juror could find that Gibson Brands had given the piano to Norris and Piano Mill as a gift.
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