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PRATT v. MARTINEAU

No. 06-P-283.

69 Mass. App. Ct. 670 (2007)

BRENDA J. PRATT, individually and as special administrator, vs. GARY L. MARTINEAU.

Appeals Court of Massachusetts, Franklin.

August 6, 2007.

Attorney(s) appearing for the Case

John J. Stobierski (Danielle J. Barshak with him) for the plaintiff.

Michael W. Garland for the defendant.

Duty to prevent harm, Proximate cause, Foreseeability of harm, Entrustment, Emotional distress, Wrongful death.

PERRETTA, J.

Gary L. Martineau (Gary) was the licensed owner of a handgun that he purchased for his teenage son Paul Martineau (Paul),2 who was too young to buy a firearm. See 18 U.S.C. § 922 (1968) (unlawful to sell a firearm to one less than eighteen years of age). Paul's friend, Colin Murley, accidentally shot and killed Ryan R. Perry with the gun. Brenda J. Pratt, Perry's mother...

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