BURNS v. COMMONWEALTH OF MASSACHUSETTS


1985 Mass. App. Div. 119 (1985)

Timothy M. Burns vs. Commonwealth of Massachusetts

Massachusetts Appellate Division, Northern District.

June 25, 1985.


Attorney(s) appearing for the Case

Ralph C. Pino for the plaintiff

William A. Mitchell for the defendant.

Present: Doyle, P.J., Banks & Jodrey, JJ.


Banks, J.

This is an action pursuant to G.L.c. 258A in which the petitioner seeks statutory compensation as a victim of a violent crime.

The factual basis of the petitioner's claim may be outlined as follows: On the evening of December 9, 1983, the plaintiff had been out socializing with friends, a socialization which he testified involved the consumption of alcohol at a house party. The petitioner was driven to his home by a friend at approximately 11:30...

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