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LANG v. BRADLEY

1990 Mass. App. Div. 202 (1990)

Donald Lang and another vs. Joseph Clinton Bradley

Massachusetts Appellate Division, Southern District.

November 16, 1990.

Attorney(s) appearing for the Case

Stephen W. Murphy for the plaintiffs.

Robert H. Gaughen, Jr. for the defendant.

Present: Dolan, P.J., Hurley & Kane, JJ.

Kane, J.

The principal challenge to this tort judgment is the claim that the award of $250,000 for sexual abuse is excessive. Review of this claim of error is not an occasion to see if this Appellate Court would "have acted differently" but only to determine if the Trial Court's finding of damages represents "an arbitrary determination ... or whimsical thinking." Egan, et al. v. Holderman, et al., 26 Mass.App.Ct. 942, 44 (1988).

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