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ANDRADE v. BAPTISTE

411 Mass. 560 (1992)

583 N.E.2d 837

JOSEPH ANDRADE vs. ROBIN LYNN BAPTISTE.

Supreme Judicial Court of Massachusetts, Bristol.

January 8, 1992.

Attorney(s) appearing for the Case

James Fogarty (Richard E. Burke, Jr., with him) for the plaintiff.

Carol A. Griffin for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, & GREANEY, JJ.

GREANEY, J.

By his complaint in the Superior Court, the plaintiff, Joseph Andrade, sought to recover damages based on the alleged negligence of the defendant, Robin Lynn Baptiste, in failing to prevent her husband, Robert Baptiste, from shooting the plaintiff with an assault rifle. A judge in the Superior Court allowed the defendant's motion for summary judgment pursuant to Mass. R. Civ. P. 56 (c), 365 Mass. 824 (1974), and a judgment entered dismissing the complaint...

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