FEINSTEIN v. BEERS

No. 01-P-1635.

60 Mass. App. Ct. 908 (2004)

PHYLLIS FEINSTEIN v. CYNTHIA BEERS, trustee, & others.

Appeals Court of Massachusetts.

January 8, 2004.


Attorney(s) appearing for the Case

Carmen L. Durso for the plaintiff.

David Joseph Donovan for the defendants.


On a July night, Phyllis Feinstein went to sleep in her fourth-floor residence at Independence Condominiums. Prior to retiring, Feinstein left the sliding glass door leading to her balcony open several inches for air. As a security measure, Feinstein placed an undersized wooden dowel in the door's track to prevent the door from being slid open further. As Feinstein lay sleeping, an intruder entered and stabbed her in the chest with a knife. Her assailant, the brother of the...

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