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CARLETON v. FRAMINGHAM

No. 91-P-1311.

34 Mass. App. Ct. 686 (1993)

615 N.E.2d 588

MARY G. CARLETON, administratrix, vs. TOWN OF FRAMINGHAM (and a companion case).

Appeals Court of Massachusetts, Middlesex.

June 29, 1993.

Attorney(s) appearing for the Case

Philip B. Benjamin, Special Assistant Town Counsel (Aaron K. Bikofsy, Town Counsel, with him) for the defendant.

Albert B. Zabin for Mary G. Carleton, administratrix.

Joseph H. Burke, Jr., for Nancy Kelley, administratrix.

Present: ARMSTRONG, BROWN, & PORADA, JJ.

PORADA, J.

The plaintiffs filed wrongful death actions in the Superior Court against the town of Framingham following an automobile accident in which the plaintiffs' decedents were killed when a car operated by a drunk driver, Garret Nagle, collided head-on with the decedents' vehicle. The plaintiffs claimed that the town's police officer, Charles Cooper, who had talked to Nagle at a Dunkin Donuts store in Framingham at 1:50 A.M. just prior to the accident, was negligent...

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