THURSTON v. BALLOU


23 Mass. App. Ct. 737 (1987)

505 N.E.2d 888

WILLIAM H. THURSTON vs. BENJAMIN BALLOU & another.

Appeals Court of Massachusetts, Norfolk.

March 30, 1987.


Attorney(s) appearing for the Case

William C. Gardiner for the defendants.

Ralph C. Good, Jr. (John F. McCarty, Jr., with him) for the plaintiff.

Present: GRANT, KAPLAN, & BROWN, JJ.


KAPLAN, J.

The plaintiff Thurston was severely injured in a road accident and, in a regime of "comparative" negligence, has won a jury verdict and judgment representing one-half of the damage he suffered through the fault shared between the defendant Ballou (and thus Ballou's corporate employer, also a defendant) and himself. The defendants appeal, claiming that the trial judge committed error, first, in denying...

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