O'BRIEN v. CHRISTENSEN


422 Mass. 281 (1996)

PATRICK J. O'BRIEN, SR., & others vs. JON E. CHRISTENSEN, trustee, & others (and a consolidated case).

Supreme Judicial Court of Massachusetts, Suffolk.

March 14, 1996.


Attorney(s) appearing for the Case

John J. McGivney (Patricia B. Gary with him) for Jon E. Christensen.

Mark Lowery (Paul G. Keough with him) for Patrick J. O'Brien, Sr., & others.

David M. Hass for Walter J. Rhilinger.

Present: LIACOS, C.J., WILKINS, O'CONNOR, GREANEY, & FRIED, JJ.


GREANEY, J.

The plaintiffs, Patrick J. O'Brien, Sr., and Walter J. Rhilinger, were injured when a railing on a third-floor porch of a building gave way, and the two men fell more than twenty-five feet onto a neighbor's porch. Both men were tenants in condominium units in the building. O'Brien and Rhilinger brought separate personal injury actions in the Superior Court seeking damages from the defendants, Jon E. Christensen, as trustee of the City Point IV Condominium...

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