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LOCKWOOD v. SETOUNIS

381 Mass. 408 (1980)

408 N.E.2d 1380

JOHN LOCKWOOD vs. JAMES SETOUNIS.

Supreme Judicial Court of Massachusetts, Middlesex.

August 29, 1980.

Attorney(s) appearing for the Case

Gerald L. Nissenbaum (Stephen I. Lipman with him) for the plaintiff.

Thomas D. Burns for the defendant.

Present: HENNESSEY, C.J., KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

We deal with the question of a plaintiff's contributory negligence as to injuries he sustained before Massachusetts adopted a comparative negligence statute. The plaintiff was injured when, in the nighttime on August 3, 1967, he fell through an opening in the floor of an apartment undergoing renovation by the defendant in a former warehouse owned by the defendant. The plaintiff had been a guest at a party in a recently completed apartment on the second...

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