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BOYD v. NATIONAL RAILROAD PASSENGER CORPORATION

446 Mass. 540 (2006)

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

Supreme Court of Massachusetts, Suffolk.

April 14, 2006.

Attorney(s) appearing for the Case

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

David T. Mitrou for the defendants.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, SOSMAN, & CORDY, JJ.

SPINA, J.

On June 24, 1998, Kelly Ann Boyd (Boyd), fifteen years old, was struck and killed by a commuter rail train at the Pine Street grade crossing in Abington. Her father, J. Michael Boyd (plaintiff), filed a wrongful death action against the National Railroad Passenger Corporation (Amtrak), the Massachusetts Bay Transportation Authority (MBTA), and Richard Prone, the engineer who had been operating the train at the...

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