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BOYD v. NATIONAL RAILROAD PASSENGER CORPORATION

No. 03-P-312.

62 Mass. App. Ct. 783 (2005)

J. MICHAEL BOYD, administrator, v. NATIONAL RAILROAD PASSENGER CORPORATION & others.

Appeals Court of Massachusetts, Suffolk.

January 20, 2005.

Attorney(s) appearing for the Case

John B. Flemming (Joseph P. Musacchio with him) for the plaintiff.

David T. Mitrou for the defendants.

Present: GRASSO, DREBEN, & SMITH, JJ.

SMITH, J.

On June 24, 1998, fifteen year old Kelly Ann Boyd was struck and instantly killed by a train at the Pine Street grade crossing in Abington. On September 13, 1999, Kelly's father, J. Michael Boyd (the plaintiff), commenced a wrongful death action in Superior Court against the National Railroad Passenger Corporation (Amtrak), the Massachusetts Bay Transportation Authority (MBTA), and the train's engineer, Richard Prone. Specifically, the complaint alleged...

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