MONTICELLO INSURANCE COMPANY v. DION

No. 04-P-766.

65 Mass. App. Ct. 46 (2005)

MONTICELLO INSURANCE COMPANY v. PAUL DION & another.

Appeals Court of Massachusetts, Middlesex.

November 3, 2005.


Attorney(s) appearing for the Case

W. Thomas Smith (G. Thomas Pauling with him) for Deborah Price.

John P. Graceffa (Richard W. Jensen with him) for the plaintiff.

Dennis P. Philips, for Paul Dion, was present but did not argue.

Present: Armstrong, C.J., Lenk, & Cowin, JJ.


ARMSTRONG, C.J.

Defendant Paul Dion, doing business as All the Answers Tree Service, was making a chain saw cut preparatory to felling a large tree when the tree snapped and fell the wrong way. It struck and killed defendant Price's decedent, Doreen C. Mellen, who was a cousin of Dion and who had been operating a wood-chipping machine on the same job. It is not unlikely that the noise from the machine made it impossible for Mellen to hear Dion's shouted warning.<...

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