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SANTELLA v. WHYNOTT

No. 87-1306.

27 Mass. App. Ct. 451 (1989)

538 N.E.2d 1009

LUCY A. SANTELLA vs. DOUGLAS P. WHYNOTT & another.

Appeals Court of Massachusetts, Middlesex.

June 8, 1989.

Attorney(s) appearing for the Case

Michael B. Bogdanow (Cynthia J. Cohen with him) for the plaintiff.

Anna K.C. Bennett for the defendants.

Present: PERRETTA, KAPLAN, & FINE, JJ.

PERRETTA, J.

Sustaining serious injury when he fell on the sidewalk abutting the defendants' building, the plaintiff brought this action in negligence in the Superior Court. The defendants moved for summary judgment on the basis that, if the plaintiff's fall was caused by negligence, any such negligence was attributable to their independent contractor, over whom they had no control. The judge allowed the motion;...

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