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TAPLIN v. CHATHAM

390 Mass. 1 (1983)

453 N.E.2d 421

DAVID B. TAPLIN, administrator, vs. TOWN OF CHATHAM & others.

Supreme Judicial Court of Massachusetts, Barnstable.

August 18, 1983.

Attorney(s) appearing for the Case

Michael D. Ford for the plaintiff.

Sidney W. Adler for the defendants.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

WILKINS, J.

This personal injury action against the town of Chatham and two town employees is based on a claim that the negligence of the individual defendants caused the conscious suffering and death of Richard J. Taplin, the plaintiff's intestate. A judge in the Superior Court allowed the defendants' motion to dismiss. Because the judge received affidavits in connection with that motion, the motion properly should have been...

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