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DOE v. MOE

No. 02-P-381.

63 Mass. App. Ct. 516 (2005)

JOHN DOE v. MARY MOE.

Appeals Court of Massachusetts, Essex.

May 16, 2005.

Attorney(s) appearing for the Case

John N. Greenwood for the plaintiff.

Stephen G. Anderson for the defendant.

Present: Laurence, Mills, & Trainor, JJ.

TRAINOR, J.

John Doe (plaintiff) appeals from a summary judgment entered in the Superior Court in favor of Mary Moe (defendant). The plaintiff's complaint sought recovery for serious physical injury suffered during consensual sexual intercourse with the defendant. The motion judge concluded that the ordinary negligence standard was inapplicable to personal injury resulting from consensual sexual intercourse and, applying a

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