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POSNER v. MINSKY

353 Mass. 656 (1968)

234 N.E.2d 287

LEE POSNER & another vs. N. BENJAMIN MINSKY, executor.

Supreme Judicial Court of Massachusetts, Berkshire.

February 8, 1968.

Attorney(s) appearing for the Case

Albert P. Zabin for the plaintiffs.

J. Norman O'Connor for the defendant.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, SPIEGEL, & REARDON, JJ.

SPIEGEL, J.

This is an action of tort for personal injuries sustained by Lee Posner (hereinafter called the plaintiff) as a result of a motor vehicle accident. The declaration is in four counts. Count 1 is based on gross negligence; count 3 on ordinary negligence. In counts 2 and 4, Joseph Posner, the plaintiff's husband, seeks consequential damages. These counts are likewise based on gross negligence and ordinary negligence, respectively. The plaintiff was a passenger...

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