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VALLEY FORGE INS. CO. v. FIELD

Nos. 11-1316, 11-1337.

670 F.3d 93 (2012)

VALLEY FORGE INSURANCE CO.; American Casualty of Reading, PA, Plaintiffs, Appellees, v. Carol FIELD; The Carson Center for Human Services, Inc., Defendants, David Murphy, as Guardian of the Child's Estate, Defendant, Appellant. Valley Forge Insurance Co.; American Casualty of Reading, PA, Plaintiffs, Appellees, v. David Murphy, as Guardian of the Child's Estate, Defendant, Carol Field; The Carson Center for Human Services, Inc., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided February 22, 2012.

Attorney(s) appearing for the Case

Robert J. Gilbert , with whom Rickey G. Glover and Gilbert & Renton LLC were on brief, for appellant David Murphy.

James P. Hoban , Thomas J. Conte , Lynette Paczkowski , and Bowditch & Dewey, LLP, on brief for appellants The Carson Center for Human Services, Inc., and Carol Field.

Michael P. Tone , with whom Kimberly E. Rients Blair , Wilson, Elser, Moskowitz, Edelman & Dicker, Amy E. Goganian , and Goganian & Associates, LLC, were on brief for appellees.

Before LYNCH, Chief Judge, HOWARD and THOMPSON, Circuit Judges.

LYNCH, Chief Judge.

An eleven-year-old child (the child) suffered from long-term horrific abuse and on September 11, 2005, was beaten nearly to death by her adoptive mother and stepfather. The child's legal guardian, David Murphy, brought suit in the Superior Court of the Commonwealth of Massachusetts against several defendants including the Carson Center for Human Services, Inc. (Carson Center), and one of its employees, licensed social worker Carol Field, whose...

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