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WALKER v. FERNANDES SUPERMARKETS

1989 Mass. App. Div. 34 (1989)

Thomas Walker vs. Fernandes Supermarkets

Massachusetts Appellate Division, Southern District.

February 27, 1989.

Attorney(s) appearing for the Case

Robert L. Perry for the plaintiff.

Eugene F. Nowell for the defendant.

Present: Black, P.J., Silva & Shubow, JJ.

Shubow, J.

This is an action of tort in which the defendant challenges an award of $1,500 to the plaintiff on the ground that it represented damages for emotional distress not resulting from an accompanying physical injury.1

The underlying facts, as summarized in the Report, are:

The [p]laintiff Thomas Walker purchased a large bottle on Pepsi Cola at the Fernandes Supermarkets in Middleboro on March 11, 1985. He returned...

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