NEWTON v. BALLYMEADE COUNTRY CLUB


1999 Mass. App. Div. 129 (1999)

Michael Newton v. Ballymeade Country Club v. James W. Kirker

Massachusetts Appellate Division, Southern District.

May 25, 1999.


Attorney(s) appearing for the Case

George P. Zevitas for the plaintiff.

Richard P. Mazzocca for the defendant.

Present: Aguiar, P.J., Wheatley & Sabra, JJ.


Sabra, J.

This is the appeal of the allowance of a motion for summary judgment filed by defendant, Ballymeade Country Club (hereinafter "Ballymeade"), on the grounds that the Workers' Compensation Act, G.L.c. 152, section 23 precludes the plaintiff-employee's injury claim against the defendant-employer. The plaintiff, Michael Newton (hereinafter "Newton"), claims error in that decision and appeals the judgment.

We agree with the trial judge's grant of summary...

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