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FLEMING v. CITY OF WORCESTER

1982 Mass. App. Div. 176 (1982)

Gerald F. Fleming vs. City of Worcester

Massachusetts Appellate Division, Western District.

July 2, 1982.

Attorney(s) appearing for the Case

Francis Ermilio for the plaintiff.

William Scannel, Jr. for the defendant.

Present: Lenhoff, Walsh & Larkin, JJ.

Larkin, J.

This case presents the question of whether an action brought under G.L., c. 84, § 15 — the so-called Massachusetts "defect" or "fall-down" statute1 — in which the individual bringing the action has been found to be in some degree negligent is to have the presence of that negligence — as an element of award diminution or preclusion — assayed...

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