VAN DYKE v. ST. PAUL FIRE & MARINE INS. CO.


388 Mass. 671 (1983)

448 N.E.2d 704

EDWIN S. VAN DYKE & another vs. ST. PAUL FIRE AND MARINE INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Essex.

April 8, 1983.


Attorney(s) appearing for the Case

Jan Richard Schlichtmann (Kevin P. Conway with him) for the plaintiffs.

Jacob J. Locke (Lionel H. Perlo with him) for the defendants.

Present: WILKINS, LIACOS, NOLAN, & O'CONNOR, JJ.


WILKINS, J.

In our opinion issued today in Van Dyke v. Bixby, ante 663 (1983), we upheld judgments awarding damages to the Van Dykes, the plaintiffs in that action and in this one. The Bixby case, which we shall call the underlying action, involved the liability of the defendant physicians for a deceased associate's alleged negligence in the treatment of the plaintiff, Edwin S. Van Dyke. In this action...

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