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FERRARI v. TOTO

383 Mass. 36 (1981)

417 N.E.2d 427

MARIA FERRARI, administratrix, & another vs. ALBERT TOTO.

Supreme Judicial Court of Massachusetts, Suffolk.

February 26, 1981.

Attorney(s) appearing for the Case

Norman J. Fine for the plaintiffs.

Joseph C. Tanski for the defendant.

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

WILKINS, J.

As a result of injuries sustained in a motor vehicle accident while at his job, Pasquale Ferrari was entitled (a) to benefits under the workmen's compensation law and (b) to assert a claim for the negligent operation of a motor vehicle operated by the defendant. Ferrari received more than $35,000 in workmen's compensation benefits from his employer's insurer. The defendant's motor vehicle was insured by the Rockland...

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