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DaROZA v. ARTER

416 Mass. 377 (1993)

622 N.E.2d 604

MICHAEL J. DaROZA vs. D. MICHAEL ARTER & others.

Supreme Judicial Court of Massachusetts, Suffolk.

November 10, 1993.

Attorney(s) appearing for the Case

Elizabeth N. Mulvey for the plaintiff.

Marc LaCasse (Marjorie O. Dresser with him) for John F. Folan.

Louis N. Massery (William D. Gillis, Jr., with him) for D. Michael Arter & others.

Present: WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

GREANEY, J.

The plaintiff, Michael J. DaRoza, brought this action in the Superior Court alleging negligence in the prosecution of a third-party action brought pursuant to G.L.c. 152, § 15 (1992 ed.), by his employer's workers' compensation insurer, the defendant, Liberty Mutual Insurance Company (Liberty). In the third-party action, Liberty sought to recover the compensation payments it had made to the plaintiff from...

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