GURRY v. CUMBERLAND FARMS, INC.


406 Mass. 615 (1990)

550 N.E.2d 127

JOHN GURRY, JR., & another, administrators, vs. CUMBERLAND FARMS, INC.

Supreme Judicial Court of Massachusetts, Plymouth.

February 12, 1990.


Attorney(s) appearing for the Case

Michael Avery (Francis Marini with him) for the plaintiffs.

DeLane E. Anderson, Jr., for the defendant.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.


LYNCH, J.

The plaintiffs brought this wrongful death action under G.L.c. 229, § 2 (1988 ed.), on the basis of a claim that the negligent design, manufacture and maintenance of a machine by two predecessor corporations of the defendant Cumberland Farms, Inc. (Cumberland), caused Kevin Gurry's death. As a result of the merger of the alleged tortfeasors, only one of which had employed Kevin Gurry, into the new entity, Cumberland, the plaintiffs argue that Cumberland...

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