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COOMBES v. FLORIO

450 Mass. 182 (2007)

LYN-ANN COOMBES, administratrix, v. ROLAND J. FLORIO.

Supreme Judicial Court of Massachusetts, Norfolk.

December 10, 2007.

Attorney(s) appearing for the Case

William P. Rose (Peter L. Eleey with him) for the plaintiff.

Edward F. Mahoney for the defendant.

Carl Valvo & John R. Hitt, for Professional Liability Foundation, amicus curiae, submitted a brief.

Marsha V. Kazarosian, J. Michael Conley, & Joseph C. Borsellino, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

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

BY THE COURT.

The judgment of the Superior Court granting the defendant's motion for summary judgment is reversed. The case is remanded to the Superior Court for further proceedings.

So ordered.

Separate opinions of Justice Ireland, with whom Justice Spina and Justice Cowin join; Justice Greaney; Chief Justice Marshall; and Justice Cordy.

IRELAND, J. (concurring, with whom Spina and Cowin, JJ., join).

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