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MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION v. GALLAGHER

No. 08-P-1301.

75 Mass. App. Ct. 58 (2009)

MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION v. NICHOLE GALLAGHER, administratrix, & another.

Appeals Court of Massachusetts, Suffolk.

August 24, 2009.

Attorney(s) appearing for the Case

Kenneth M. Levine for the defendants.

Richard F. Wholley for the plaintiff.

Present: KAFKER, GREEN, & GRAHAM, JJ.

GREEN, J.

On April 6, 2001, eighteen year old Stephen McMaster died in an apparent suicide, after ingesting an overdose of propoxyphene. His mother, the defendant Nichole Gallagher, brought an action on behalf of his estate against the defendant John Scaduto, claiming that Scaduto had negligently left propoxyphene (which Scaduto had purchased pursuant to a physician's prescription) in a place within his home accessible...

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