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KIRBY v. LE DISCO, INC.

No. 92-P-620.

34 Mass. App. Ct. 630 (1993)

614 N.E.2d 1016

KATHLEEN KIRBY & another vs. Le DISCO, INC.

Appeals Court of Massachusetts, Norfolk.

June 21, 1993.

Attorney(s) appearing for the Case

Robert W. Crowley for the plaintiffs.

Peter J. McCue for the defendant.

Present: DREBEN, SMITH, & GILLERMAN, JJ.

GILLERMAN, J.

It appears from sworn deposition testimony (the case comes to us on the allowance of the defendant's motion for summary judgment) that in the early morning hours of November 20, 1987, John Gillen, twenty-four years old, six feet, two inches tall, weighing 225 pounds, and a former college football player, led an unprovoked, vicious assault on the two female plaintiffs who were attempting to leave a parking garage. Immediately after the assault (Gillen...

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