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BRILLANTE v. R.W. GRANGER & SONS, INC.; BARLITE CONSTRUCTION, INC.

No. 00-P-35.

55 Mass. App. Ct. 542 (2002)

PHILIP BRILLANTE v. R.W. GRANGER & SONS, INC., & another; BARLITE CONSTRUCTION, INC., third-party defendant.

Court of Appeals of Massachusetts, Middlesex.

July 29, 2002.

Attorney(s) appearing for the Case

Christine M. Franzese & Joseph P. Franzese for the plaintiff.

Mark W. Shaughnessy for R.W. Granger & Sons, Inc.

Joel F. Pierce for Antico Excavating, Inc.

Gregory R. Barison, for Barlite Construction, Inc., was present but did not argue.

Present: JACOBS, CYPHER, & KANTROWITZ, JJ.

KANTROWITZ, J.

According to the plaintiff, Philip Brillante, early one evening, a taxi dropped him off at a construction site across the street from his intended destination, a bar in Somerville. Upon alighting from the cab, he fell into a hole and injured himself. Not surprisingly, he sued numerous entities and persons: the cab company; the cab driver; the city of Somerville; the owner of the property; the general...

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