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BERGER v. H.P. HOOD, INC.

424 Mass. 144 (1997)

JOANNE E. BERGER v. H.P. HOOD, INC., & another (and a companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

January 16, 1997.

Attorney(s) appearing for the Case

Paul T. Sheils for the plaintiff.

Alice Olsen Mann (Richard W. Jensen with her) for American Mobile Corporation.

Peter J. McCue for Massachusetts Insurers Insolvency Fund.

Maureen Reilly for First State Insurance Company.

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

O'CONNOR, J.

The facts relevant to this appeal are set forth in Berger v. H.P. Hood, Inc., 416 Mass. 652, 653-654 (1993) (Berger I) as follows: "On August 14, 1981, the plaintiff's decedent, Gerard P. Berger, was killed in an automobile accident while in the course of his employment as a truck driver for the defendant [H.P. Hood, Inc.]. [American Mobile Corporation], a wholly owned subsidiary of [H.P. Hood,...

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