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PHACHANSIRI v. LOWELL

No. 92-P-905.

35 Mass. App. Ct. 576 (1993)

623 N.E.2d 1124

SENG PHACHANSIRI, administratrix, & another vs. CITY OF LOWELL.

Appeals Court of Massachusetts, Middlesex.

December 2, 1993.

Attorney(s) appearing for the Case

Janice Campbell for the plaintiff.

Daniel R. Wojcik, Assistant City Solicitor, for the defendant.

Present: PERRETTA, KASS, & PORADA, JJ.

PORADA, J.

The plaintiff filed a negligence action in the Superior Court against the defendant (city) for the wrongful death of her son John, and for personal injuries received by her son Joseph. John, age seven, drowned and Joseph, age five, was injured in the city's South Common swimming pool on September 18, 1988. On that date, the pool was closed for the season. The boys had gained access to the pool by crawling...

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