SAMPSON v. LYNN


405 Mass. 29 (1989)

537 N.E.2d 588

STANLEY M. SAMPSON, administrator, vs. CITY OF LYNN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 4, 1989.


Attorney(s) appearing for the Case

Theodore J. Dennis for the plaintiff.

Charles M. Burnim (Nicholas Curuby, City Solicitor, with him) for the city of Lynn.

Present: WILKINS, LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.


LIACOS, J.

The plaintiff brought an action in the Superior Court alleging, in count 2 of the amended complaint, that the city of Lynn (city) was negligent in issuing a license to possess a firearm and that this negligence proximately caused the death of S. Michael Sampson (decedent). The city moved for judgment on the pleadings under Mass. R. Civ. P. 12 (c) and (h) (2), 365 Mass. 754 (1974). A judge in the Superior Court...

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