AUDETTE v. COMMONWEALTH

No. 03-P-1233.

63 Mass. App. Ct. 727 (2005)

ROBERT AUDETTE v. COMMONWEALTH.

Appeals Court of Massachusetts, Norfolk.

June 13, 2005.


Attorney(s) appearing for the Case

Stephen J. Delamere for the plaintiff.

Joseph Callanan, Assistant Attorney General, for the Commonwealth.

Present: ARMSTRONG, C.J., GELINAS, & BERRY, JJ.


GELINAS, J.

A judge in the Superior Court granted the Commonwealth's motion for summary judgment on Robert Audette's claim seeking damages for personal injuries sustained when Audette was bitten, on July 27, 1999, by Rocky, a police-trained dog in the care of State Trooper John Tasker. The Commonwealth contends, and the judge agreed, that Audette's claim was barred by G. L. c. 258, § 10(b) and (j<...

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