T.J. O'KEEFE CONSTR., INC. v. ST. JACQUES


1991 Mass. App. Div. 41 (1991)

T.J. O'Keefe Construction, Inc. vs. Raymond St. Jacques, and another

Massachusetts Appellate Division, Western District.

March 13, 1991.


Attorney(s) appearing for the Case

Robert Christo for the plaintiff.

Norman J. Guz, Jr. for the defendants.

Present: Turcotte, P.J., McGuane & Brennan, JJ.


Turcotte, P.J.

The defendants' motion for summary judgment was allowed and judgment entered for each defendant. The trial judge set out her reasoning as follows: "Opposing defendants agree that a Peter Wood is not an employee or agent of the defendant. There being no material fact in dispute ... judgment for defendant..." The plaintiff claims error was made by the trial judge in that the affidavits do not support the conclusion that no material fact is in dispute...

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