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BARSHAK v. BUCCHERI

406 Mass. 187 (1989)

547 N.E.2d 23

EDWARD J. BARSHAK, administrator, vs. RICHARD J. BUCCHERI.

Supreme Judicial Court of Massachusetts, Middlesex.

December 6, 1989.

Attorney(s) appearing for the Case

Steven M. Brody for the defendant.

Edward J. Barshak, administrator (Peter L. Puciloski & Paul E. White with him).

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

The defendant Buccheri appeals from two judgments, one for $300,000 plus interest entered on a jury verdict and another for almost $3,000,000 based on findings and rulings by the trial judge on an alternative theory of liability and damages that the parties agreed should be decided by the judge and not by the jury. We affirm the first judgment and vacate the second.

The plaintiff is the administrator...

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