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PRATT v. LIBERTY MUT. INS. CO.

No. 441, Docket 91-7691.

952 F.2d 667 (1992)

Pamela J. PRATT, Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 2, 1992.

Attorney(s) appearing for the Case

Jesse M. Corum IV, Brattleboro, Vt. (Gale, Gale & Corum, Thomas W. Costello, Thomas W. Costello, P.C., of counsel), for plaintiff-appellant.

Robert P. Gerety, White River Jct., Vt. (Plante, Hanley & Gerety, P.C., of counsel), for defendant-appellee.

Before PRATT, MAHONEY and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge:

Plaintiff injured her back while working for the Cersosimo Lumber Company. She sued Cersosimo's workers' compensation carrier, Liberty Mutual Insurance Company, in the District Court for the District of Vermont (Billings, C.J.). She alleged that Liberty Mutual undertook to conduct an active loss-prevention program at Cersosimo's facilities, but that it discharged that duty negligently, thereby causing her injuries.

After plaintiff...

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