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JERNIGAN v. GIARD

398 Mass. 721 (1986)

500 N.E.2d 806

MARIETTA A. JERNIGAN & another vs. DAVID J. GIARD, JR.

Supreme Judicial Court of Massachusetts, Hampshire.

December 3, 1986.

Attorney(s) appearing for the Case

Richard M. Howland for the plaintiffs.

Andrew T. Campoli for the defendant.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.

WILKINS, J.

We deal with a malpractice action against an attorney that arises out of the following underlying facts. D. Shane Jernigan, fifteen years old, died when a tractor trailer he was driving went off the New York State Thruway and overturned. Matuszko Farms Trucking, Inc. (Matuszko), an Amherst, Massachusetts, trucking firm, shipped a load of plywood to western New York from Amherst in a tractor trailer operated by...

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