ROA v. ROBERTS


2007 Mass. App. Div. 114 (2007)

Miguel A. Roa, and another v. Michael Roberts

Massachusetts Appellate Division, Northern District.

July 26, 2007.


Attorney(s) appearing for the Case

William F. Spallina for the plaintiffs.

Mark R. Segalini for the defendant.

Present: Greco, P.J., Coven & Curtin, JJ.


Curtin, J.

Plaintiffs Michael A. Roa ("Roa") and Janet Carmenatty ("Carmenatty") have appealed the entry of summary judgment for the defendant on their negligence claim in this motor vehicle tort action. The trial judge allowed defendant Michael Roberts' ("Roberts") Mass. R. Civ. P., Rule 56, motion on the ground that Roberts suffered a sudden medical emergency immediately prior to the accident and was not, therefore, negligent.

Roa was the operator of a car...

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