COMMERCE INSURANCE COMPANY v. ULTIMATE LIVERY SERVICE, INC.

SJC-10149

452 Mass. 639 (2008)

COMMERCE INSURANCE COMPANY v. ULTIMATE LIVERY SERVICE, INC., & others (and four companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

November 26, 2008.


Attorney(s) appearing for the Case

Michael B. Bogdanow for Sharlene Waters.

Kenneth F. Rosenberg for Ultimate Livery Service, Inc., & another.

John F. Hurley, Jr., for Commerce Insurance Company.

Darin L. Wessell, for Taxicab, Limousine & Paratransit Association, amicus curiae, submitted a brief.

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


GREANEY, J.

In the early morning of August 12, 2001, several people were seriously injured, and one man killed, in an automobile accident caused by an intoxicated driver, William Powers (Powers).3 Powers, along with five other men, had attended a bachelor party prior to the accident. To get to the party, the group hired a private carrier, Ultimate Livery Service, Inc. (Ultimate),4 which drove them from a sports...

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