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DOLAN v. COMMONWEALTH

No. 87-92.

25 Mass. App. Ct. 564 (1988)

520 N.E.2d 506

GRACE DOLAN, administratrix, vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

April 1, 1988.

Attorney(s) appearing for the Case

Chester L. Tennyson, Jr., for the plaintiff.

Mark P. Sutliff, Assistant Attorney General, for the Commonwealth.

Present: GRANT, CUTTER, & BROWN, JJ.

GRANT, J.

This is an action in two counts by which the plaintiff administratrix seeks (in count 1) to recover damages for the wrongful death of her decedent (Julia), who died as the result of a drowning accident in waist-deep water off Carson Beach in South Boston which is operated and maintained by the Metropolitan District Commission (MDC) and (in count 2) damages for the conscious pain and suffering endured by

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