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LEAVITT v. BROCKTON HOSPITAL, INC.

SJC-10296

454 Mass. 37 (2009)

DEAN LEAVITT v. BROCKTON HOSPITAL, INC., & others.

Supreme Judicial Court of Massachusetts, Plymouth.

June 9, 2009.

Attorney(s) appearing for the Case

Jeffrey S. Beeler for the plaintiff.

Daniel J. Buoniconti for the defendants.

The following submitted briefs for amici curiae:

Michael D. Riseberg & Chad P. Brouillard for Massachusetts Defense Lawyers Association.

Mary Jane McKenna & J. Michael Conley for Massachusetts Academy of Trial Attorneys.

John J. Barter for Professional Liability Foundation, Ltd.

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

MARSHALL, C.J.

The plaintiff, Dean Leavitt, is a police officer for the town of Whitman. While on duty on November 1, 2004, he responded to an emergency report of a pedestrian-automobile accident. On his way to the scene of the reported accident, Leavitt's police cruiser was hit by another vehicle.2 Leavitt was seriously and permanently injured. It subsequently was determined that the pedestrian involved in the accident to which Leavitt...

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