HALLSMITH-SYSCO FOOD SERVICES, LLC v. LETOURNEAU


2006 Mass. App. Div. 109 (2006)

Hallsmith-Sysco Food Services, LLC v. Ray Letourneau.

Massachusetts Appellate Division, Southern District.

July 19, 2006.


Attorney(s) appearing for the Case

Joseph A. Croce for the plaintiff.

Michael H. Kelly for the defendant.

Present: Williams, P.J., Welsh & Bernard, JJ.


Williams, P.J.

At a bench trial, defendant Ray Letourneau ("Letourneau") moved for a "directed verdict" at the close of the evidence of plaintiff Hallsmith-Sysco Food Services, Inc. ("Hallsmith"). The motion was allowed. The trial judge should have treated the motion as one for a Mass. R. Civ. P., Rule 41(b)(2), involuntary dismissal and made written findings. As that was not done and as the evidence was not insufficient as a matter of law to permit a finding in its...

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