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FREDETTE v. SIMPSON

440 Mass. 263 (2003)

BARBARA A. FREDETTE & another vs. A. BRUCE SIMPSON.

Supreme Judicial Court of Massachusetts, Norfolk.

October 28, 2003.

Attorney(s) appearing for the Case

David W. Heinlein (Jeffrey S. Beeler with him) for Kevin B. Nugent.

Richard T. Corbett for Barbara A. Fredette.

John F. Leahy, Jr., for the defendant.

The following submitted briefs for amici curiae:

David R. Bikofsky & J. Michael Conley for Massachusetts Academy of Trial Attorneys.

Ben Robbins for Associated Industries of Massachusetts & another.

Mary L. Bonauto, Michele E. Granda, & Karen L. Loewy for Gay & Lesbian Advocates & Defenders.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

IRELAND, J.

This case concerns an industrial accident in which David Tremblay, an employee of Shield Packaging Co., Inc. (Shield), was severely and permanently injured when the backhoe truck tire he was repairing exploded. The plaintiffs sued and eventually settled Tremblay's workers' compensation claim against Shield for $750,000. They also reached settlements with all other parties except A. Bruce Simpson. The Superior Court allowed Simpson's motion for summary...

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