DeCICCO v. D&R GENERAL CONTRACTING, INC.


1997 Mass. App. Div. 203 (1997)

Suzanne DeCicco, and another v. D&R General Contracting, Inc.

Massachusetts Appellate Division, Northern District.

December 9, 1997.


Attorney(s) appearing for the Case

Mark O'Connor for the plaintiffs.

John A. Lacaire for the defendant.

Present: Sherman, P.J., Greco & Curtin, JJ.


Greco, J.

This is a Dist./Mun. Cts. RADA, Rule 8A appeal by the plaintiffs of the trial court's Mass. R. Civ. P., Rule 41(b) (2) judgment of dismissal.

The plaintiffs' claim arose out of a one-car motor vehicle accident in Woburn, Massachusetts in an area of Route 93 which was then in the process of being repaved. In order to avoid contact with a construction barrel, plaintiff Suzanne DeCicco swerved to the right, then to the left and struck the guard-rail...

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