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MCCRACKEN v. SEARS, ROEBUCK & COMPANY

No. 98-P-102.

51 Mass. App. Ct. 184 (2001)

THOMAS MCCRACKEN v. SEARS, ROEBUCK & COMPANY.

Court of Appeals of Massachusetts, Suffolk.

March 19, 2001.

Attorney(s) appearing for the Case

Christine M. Netski (David A. Barry with her) for the defendant.

James R. Rosencranz for the plaintiff.

Present: PERRETTA, GREENBERG, & LENK, JJ.

PERRETTA, J.

On July 18, 1984, Thomas McCracken was seriously injured when he fell from a roof while working for John R. Silva who, pursuant to a contract with Sears. Roebuck & Company (Sears), was installing roofing materials that Sears had sold to the owner of the premises where the accident occurred. Silva and Sears claimed that they did not have workers' compensation insurance for McCracken, who brought an action in the Superior Court, seeking tort damages...

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