BERNHARD v. MURPHY


2005 Mass. App. Div. 70 (2005)

James Bernhard v. Colin Murphy

Massachusetts Appellate Division, Western District.

June 23, 2005.


Attorney(s) appearing for the Case

Joseph E. Early, Jr., for the plaintiff.

Roland Segalini, Jr., for the defendant.

Present: Rutberg, Ripps & Gardner, JJ.


Gardner, J.

This action arises out of an assault and battery upon the plaintiff, James Bernhard ("Bernhard").

Defendant Colin Murphy ("Murphy") punched Bernhard in his college dormitory for no apparent reason other than Murphy's consumption of an excessive amount of alcohol. Bernhard's parents brought this suit on his behalf to recover damages for what was alleged in the complaint as a "negligent" assault and battery. After trial, the judge found Murphy liable...

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