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NELSON v. MASSACHUSETTS PORT AUTHORITY

No. 00-P-383.

55 Mass. App. Ct. 433 (2002)

BRIAN NELSON, administrator, v. MASSACHUSETTS PORT AUTHORITY.

Court of Appeals of Massachusetts, Middlesex.

July 12, 2002.

Attorney(s) appearing for the Case

Howard S. Ross for the plaintiff.

Christopher A. Kenney for the defendant.

Present: GELINAS, CYPHER, & KANTROWITZ, JJ.

KANTROWITZ, J.

What is the duty of one who owns a bridge to one who commits suicide by jumping from it? The plaintiff, Brian Nelson, administrator of the estate of the decedent, Kathleen Nelson, brought an action for wrongful death pursuant to G. L. c. 229, § 2, and for conscious pain and suffering pursuant to G. L. c. 229, § 6, against the defendant, Massachusetts Port Authority (Massport). A Superior Court judge allowed Massport's motion for summary judgment...

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