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BROOKSBANK v. EPSTEIN

5 Mass. App. Ct. 377 (1977)

363 N.E.2d 291

RITA V. BROOKSBANK & another vs. SIDNEY EPSTEIN, trustee.

Appeals Court of Massachusetts, Hampden.

May 31, 1977.

Attorney(s) appearing for the Case

Morton S. Sweeney (Patricia A. Bobba with him) for the defendant.

Gerard L. Pellegrini (Seymour Tillman with him) for the plaintiffs.

Present: HALE, C.J., GOODMAN, & BROWN, JJ.

HALE, C.J.

This is an action in the Superior Court to recover damages for personal injuries allegedly sustained by Rita V. Brooksbank (plaintiff) in a fall upon property owned by the defendant.2 The jury returned a verdict for the plaintiff on count 1 of the declaration and awarded her $1,750 damages; they awarded her husband $3,600 consequential damages on count 2. On the plaintiffs' motion for a new trial pursuant to Mass.R.Civ.P. 59...

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