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ROE v. LAWN; AETNA CASUALTY & SURETY CO.

No. 92-P-44.

34 Mass. App. Ct. 726 (1993)

615 N.E.2d 944

MARY ROE vs. EDWARD J. LAWN & others; AETNA CASUALTY AND SURETY COMPANY & others, third-party defendants.

Appeals Court of Massachusetts, Norfolk.

July 8, 1993.

Attorney(s) appearing for the Case

J. Michael Conley (Paul F. Kenney with him) for the plaintiff.

John P. Graceffa for Aetna Casualty and Surety Company.

Beth S. Stomberg, for Edward Lee McDermott, was present but did not argue.

Present: DREBEN, SMITH, & GILLERMAN, JJ.

GILLERMAN, J.

The plaintiff, a minor and a special needs student at St. Coletta's School in Braintree, was sexually assaulted by the defendant Lawn, the driver of a school bus owned by defendant Braintree Town Taxi, Inc. ("Taxi"),4 while Lawn was driving her to school.

The issue to be decided relates only to Taxi's third-party action against Aetna Casualty and Surety Company (Aetna). Taxi seeks to invoke Aetna's duty to indemnify...

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