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ASSETTA v. SAFETY INSURANCE COMPANY.

No. 96-P-233.

43 Mass. App. Ct. 317 (1997)

PHYLLIS ASSETTA & another v. SAFETY INSURANCE COMPANY.

Court of Appeals of Massachusetts, Middlesex.

August 6, 1997.

Attorney(s) appearing for the Case

Alice Olsen Mann (Steven E. Sylvester with her) for the defendant.

Marianne C. LeBlanc for the plaintiffs.

Present: BROWN, GREENBERG, & FLANNERY, JJ.

BROWN, J.

This is an appeal from the entry of summary judgment for the plaintiffs.2 There are no disputed facts.

On or about July 13, 1993, Phyllis Assetta (Phyllis) was walking her dog on the sidewalk in Malden when she was struck in the face by a bottle thrown from a passing vehicle. The driver of the vehicle, Patrick Richardson, threw the bottle out the window as he made a U-turn within five feet of the plaintiff. As a result...

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