Bateman v. Consolidated Rail Corp.
698 N.E.2d 1277 (Cite as: 45 Mass.App.Ct. 916, 698 N.E.2d 1277)
Appeals Court of Massachusetts.
John BATEMAN & another [FN1] FN1. Pamela Bateman brings a claim for loss of consortium.
CONSOLIDATED RAIL CORPORATION.
Sept. 3, 1998.
Police officer employed by railroad, who had entered settlement in action against multiple defendants which arose from accident in which he was struck by automobile while working, moved to amend complaint to add railroad as defendant. The Superior Court, R. Malcolm Graham and Sandra Hamlin, JJ., denied motion, and officer appealed. The Appeals Court held that: (1) denial of motion to amend was not an abuse of discretion, and (2) notice of appeal, which did not indicate that appeal was from denial of motion to amend, or include name of railroad as new party, was insufficient to provide notice of appeal.
Leonard F. Zandrow, Jr., Boston, for defendant.
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