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SHAMBAN v. WORCESTER INSURANCE COMPANY

No. 97-P-1568.

47 Mass. App. Ct. 10 (1999)

STEPHEN E. SHAMBAN, trustee, & another v. WORCESTER INSURANCE COMPANY.

Court of Appeals of Massachusetts, Norfolk.

May 27, 1999.

Attorney(s) appearing for the Case

Jeffrey C. Coniaris for the plaintiffs.

Stephen M.A. Woodworth (Peter E. Heppner with him) for the defendant.

Present: GREENBERG, KAPLAN, & LENK, JJ.

KAPLAN, J.

On June 14, 1990, Pedro Flores, Jr., fifteen years of age, was disporting with his model 1987 KX-125 Kawasaki "dirt bike" on the ground of the former municipal dump in Brockton. As he drove down a hill or declivity, he crashed into his riding buddy, Frank Lima, who was below on his threewheel ATV (all terrain vehicle). Lima suffered severe injuries and permanent physical impairments.

Lima on June...

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