RUIZ v. ARBELLA MUTUAL INSURANCE COMPANY


1998 Mass. App. Div. 176 (1998)

Emily Ruiz v. Arbella Mutual Insurance Company, and others

Massachusetts Appellate Division, Southern District.

August 27, 1998.


Attorney(s) appearing for the Case

Michael J. Powers for the plaintiff.

John T. Diamond III for the defendants.

Present: Aguiar, P.J., Welsh & Crimmins, JJ.


Aguiar, J.

This appeal raises the issue of whether the judge erred in denying plaintiff's Motion for Partial Summary Judgment on Count III of plaintiff's complaint (Request for Declaratory Judgment).

We find there was no error.

On August 12, 1996, in the backyard of the three family house located at 37 School Street, Roxbury, Massachusetts, owned by Milagros Ruiz and the defendant Edwin Buzzetta, the plaintiff, seven year old Emily Ruiz was struck...

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