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BENGAR v. CLARK EQUIPMENT CO.

24 Mass. App. Ct. 41 (1987)

506 N.E.2d 147

SCOTT BENGAR & another vs. CLARK EQUIPMENT COMPANY.

Appeals Court of Massachusetts, Middlesex.

April 7, 1987.

Attorney(s) appearing for the Case

Daniel J. Gleason for the defendant.

Cynthia J. Cohen (James F. Meehan & Michael B. Bogdanow with her) for the plaintiffs.

Present: BROWN, QUIRICO, & WARNER, JJ.

BROWN, J.

This appeal challenges the correctness of an order of a judge in the Superior Court allowing the plaintiffs' motion to add, after judgment, Clark Equipment Company (Clark) as a party defendant pursuant to Mass.R.Civ.P. 15(a), 365 Mass. 761 (1974).

The plaintiffs, Scott and Donna Bengar, initially sought recovery for injuries sustained on September 27, 1979, when a forklift operated by Scott toppled...

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