ROE v. LAWN; AETNA CASUALTY & SURETY CO.


418 Mass. 66 (1994)

634 N.E.2d 117

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

Supreme Judicial Court of Massachusetts, Norfolk.

June 9, 1994.


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, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.


ABRAMS, J.

At issue is whether a sexual assault occurring within a vehicle owned and operated by a common passenger carrier and committed by an employee of that carrier on a passenger should be deemed to have arisen out of the "ownership, maintenance or use" of that vehicle.

1. Background. The plaintiff, a minor and a special needs student, alleges that she was sexually assaulted by Edward J. Lawn, the driver of a school bus owned by Braintree Town...

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