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ZINCK v. GATEWAY COUNTRY STORE, INC.

No. 07-P-963.

72 Mass. App. Ct. 571 (2008)

MARY ZINCK & another v. GATEWAY COUNTRY STORE, INC., & another (and a companion case).

Appeals Court of Massachusetts, Essex.

September 11, 2008.

Attorney(s) appearing for the Case

Richard J. Fallon (Stephen P. Colella with him) for Gateway Country Store, Inc.

Paul F. Denver for Mary Zinck & another.

Annette M. Gonthier-Kiely for Neil Bornstein & others.

Present: MCHUGH, DREBEN, & MILLS, JJ.

MILLS, J.

A jury returned verdicts for the plaintiffs on their claims that defendant, Gateway Country Store, Inc. (Gateway), negligently sold alcohol to an underage person and that this sale proximately caused Trista Zinck's death and Neil Bornstein's severe injuries.5 Posttrial motions for new trial and judgment notwithstanding the verdict were also denied. Gateway now claims that (1) certain statements made to police were improperly...

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