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INGALLS v. K-MART CORPORATION

1989 Mass. App. Div. 87 (1989)

Michael J. Ingalls and others vs. K-Mart Corporation and another

Massachusetts Appellate Division, Northern District.

April 26, 1989.

Attorney(s) appearing for the Case

William H. Shaughnessy for the plaintiffs.

Allen N. David for defendant K-Mart Corporation.

Kimberly M. Saillant for defendant Tote Cart Company.

Present: Doyle, P.J., Forte & Banks, JJ.

Forte, J.

This is an action in tort for damages for personal injury (Michael), consequential damages for medical expenses (Michael's father) and for emotional distress (Michael's mother Susan and father) against K-Mart in providing/maintaining an unsafe shopping cart and against Tote Cart Co. for improper design/manufacture of a shopping cart, as well as breach of warranty.

The judge allowed the defendants' motion for summary judgment after examining affidavits...

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