KELLY v. FOXBORO REALTY ASSOCIATES, LLC

SJC-10294

454 Mass. 306 (2009)

JANICE KELLY, individually and as executrix, v. FOXBORO REALTY ASSOCIATES, LLC, & another (and a companion case).

Supreme Judicial Court of Massachusetts, Suffolk.

July 16, 2009.


Attorney(s) appearing for the Case

Myles W. McDonough for Foxboro Realty Associates, LLC.

John A.K. Grunert for Apollo Security, Inc.

Andrew C. Meyer, Jr. (Adam R. Satin with him) for Janice Kelly.

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


CORDY, J.

In this personal injury case we must decide whether it was permissible for a judge to instruct jurors that they could discuss evidence among themselves during the course of the trial, without the agreement of all parties. We do not indorse the practice except in civil trials where all parties agree, but conclude that the defendants suffered no prejudice in this case from the judge's decision to allow the jury to do so. We also must decide whether the judge...

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