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BENCIC v. MALDEN

No. 90-P-712.

32 Mass. App. Ct. 186 (1992)

587 N.E.2d 795

RICHARD BENCIC, JR., & others vs. CITY OF MALDEN.

Appeals Court of Massachusetts, Middlesex.

March 2, 1992.

Attorney(s) appearing for the Case

Peter H. Gilmore for the plaintiffs.

Jordan L. Shapiro, City Solicitor, for the defendant.

Present: SMITH, JACOBS, & GILLERMAN, JJ.

JACOBS, J.

The minor plaintiff (Richard), a special needs student within the meaning of G.L.c. 71B,2 was injured while fleeing from an altercation with another student. This incident occurred in the presence of Richard's teacher in the cafeteria of a junior high school operated by the defendant. Richard was thirteen years old at the time of his injury and had attended the Malden public...

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