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GALLANT v. WORCESTER

383 Mass. 707 (1981)

421 N.E.2d 1196

DOROTHY GALLANT, administratrix, vs. CITY OF WORCESTER.

Supreme Judicial Court of Massachusetts, Worcester.

June 4, 1981.

Attorney(s) appearing for the Case

Conrad W. Fisher for the plaintiff.

Bennett S. Gordon, Assistant City Solicitor, for the defendant.

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

LIACOS, J.

The plaintiff Dorothy Gallant, administratrix of the estate of Regis Gallant, brought this action against the city of Worcester (city) for conscious pain and suffering and wrongful death of her intestate. The defendant filed a motion to dismiss under Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). The motion was allowed, and the plaintiff appealed. We transferred the appeal here on our own motion.

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