FERRIS v. MONSANTO CO.; LEY CONSTRUCTION CO.


380 Mass. 694 (1980)

405 N.E.2d 644

GAIL MARIE GOSSELIN FERRIS, administratrix, vs. MONSANTO COMPANY; LEY CONSTRUCTION COMPANY, third-party defendant.

Supreme Judicial Court of Massachusetts, Hampden.

May 21, 1980.


Attorney(s) appearing for the Case

Gerard L. Pellegrini for the plaintiff.

Philip A. Brooks for the Monsanto Company.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & LIACOS, JJ.


KAPLAN, J.

John Ferris, twenty-six years old, employed as a painter by a subcontractor at Monsanto Company's Springfield plant, died of asphixiation through the discharge of nitrogen into a pipe connected to his air hood. This was an action for "wrongful death" (G.L.c. 229, § 2) by Ferris's widow, administratrix of his estate, against Monsanto, charging it with breach of its duty to exercise reasonable care with some emphasis on alleged failure to give adequate...

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