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Doherty v. Town of Belmont

485 N.E.2d 183 (Cite as: 396 Mass. 271, 485 N.E.2d 183)

Supreme Judicial Court of Massachusetts, Middlesex.

Mary E. DOHERTY

v.

TOWN OF BELMONT.

Argued Oct. 7, 1985.

Decided Nov. 25, 1985.

Patron of town parking lot brought action against town for personal injuries sustained in fall in the lot. The Superior Court, Middlesex County, Robert L. Steadman, J., entered judgment in favor of plaintiff, and town applied for direct appellate review. The Supreme Judicial Court, Hennessey, C.J., held that:

(1) town owed patron duty of reasonable care in her individual capacity, apart from any general duty owed to public at large; (2) evidence was sufficient to support finding that town violated duty of care owed to patron; and (3) testimony of patron did not constitute inadmissible opinion evidence.

Affirmed.

Leonard F. Zandrow, Jr. (Philander S. Ratzkoff, Boston, with him) for plaintiff.

Click here for the entire case on Google Scholar.


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