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JACOME v. COMMONWEALTH

No. 00-P-1082.

56 Mass. App. Ct. 486 (2002)

WALESKA JACOME v. COMMONWEALTH.

Court of Appeals of Massachusetts, Suffolk.

November 19, 2002.

Attorney(s) appearing for the Case

Matthew J. Tuttle for the plaintiff.

Stephen Dick, Assistant Attorney General, for the Commonwealth.

Present: GREENBERG, LENK, & COWIN, JJ.

COWIN, J.

Following the death of her son, Wilson Ortiz, by drowning at Horseneck Beach, Westport, part of a State land reservation owned and operated by the Commonwealth, the plaintiff commenced this action alleging negligence, gross negligence, conscious pain and suffering, and negligent infliction of emotional distress. A judge of the Superior Court allowed the Commonwealth's motion to dismiss the complaint, Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974), on the ground...

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