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OKONGWU v. STEPHENS

396 Mass. 724 (1986)

488 N.E.2d 765

REUBEN OKONGWU vs. RUFUS STEPHENS & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 12, 1986.

Attorney(s) appearing for the Case

Anthony G. Prasinos for the Massachusetts Bay Transportation Authority.

R. Keith Partlow for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, LIACOS, LYNCH, & O'CONNOR, JJ.

LIOCAS, J.

This case arises out of an altercation between the plaintiff, Reuben Okongwu, and Rufus Stephens, an employee of the Massachusetts Bay Transportation Authority (MBTA). The parties agree that the plaintiff filed a civil complaint in tort which, as finally amended, charged Stephens with assault and battery in count one; the MBTA, under the doctrine of respondent superior, with assault and battery in count two; and...

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