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SILVA v. SHOWCASE CINEMAS CONCESSIONS OF DEDHAM

No. 83-1924.

736 F.2d 810 (1984)

John SILVA, et al., Plaintiffs, Appellees, v. SHOWCASE CINEMAS CONCESSIONS OF DEDHAM, INC., National Amusements, Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 14, 1984.

Certiorari Denied October 9, 1984.

Attorney(s) appearing for the Case

Edward W. Moses, Providence, R.I., with whom Harry W. Asquith, and Asquith, Merolla, Anderson, Ryan & Wiley, Providence, R.I., were on brief, for appellant.

Raymond A. LaFazia, Providence, R.I., with whom Gunning, LaFazia & Gnys, Inc., and John D. Lynch, Warwick, R.I., were on brief, for appellees.

Before COFFIN, BOWNES and BREYER, Circuit Judges.

Certiorari Denied October 9, 1984. See 105 S.Ct. 251.

BREYER, Circuit Judge.

The defendant in this diversity case, a movie theater, appeals a jury award of damages to the plaintiffs for the wrongful death of their son, John Silva, Jr. Essentially, the jury found that the theater had breached its duty to Silva, "a paying patron[,] to use reasonable care to prevent injury to him by third persons whether their acts were accidental, negligent, or intentional....

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