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KERSMANC v. LEBEAU

1996 Mass. App. Div. 176 (1996)

Kathleen M. Kersmanc v. Brent A. Lebeau

Massachusetts Appellate Division, Western District.

October 18, 1996.

Attorney(s) appearing for the Case

Jeffrey S. Raphaelson for the plaintiff.

Paul J. Franco for the defendant.

Present: Merrigan, LoConto & Brennan, JJ.

Merrigan, J.

The plaintiff Kathleen M. Kersmanc and the defendant Brent A. Lebeau were involved in a motor vehicle accident on November 21, 1992, at the intersection of Route 12 and Harrison Avenue in Auburn, Massachusetts. Kersmanc alleged that Lebeau was negligent; which Lebeau denied. He asserted that if negligent, he was not liable because Kersmanc's negligence exceeded his own. After a bench trial in the Worcester

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