LEV v. BEVERLY ENTERPRISES-MASSACHUSETTS, INC.

SJC-10597.

457 Mass. 234 (2010)

CHARLES LEV v. BEVERLY ENTERPRISES-MASSACHUSETTS, INC., & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 7, 2010.


Attorney(s) appearing for the Case

Marc Diller (B. Ian Julier with him) for the plaintiff.

Joseph M. Desmond (David Viens with him) for Beverly Enterprises-Massachusetts, Inc.

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


SPINA, J.

The plaintiff, Charles Lev, commenced this action against, among others, Beverly Enterprises-Massachusetts, Inc. (Beverly), seeking damages for injuries he sustained as a result of being struck by a motor vehicle driven by John Ahern, an employee of Beverly, who was intoxicated at the time of the accident. Beverly filed a motion for summary judgment pursuant to Mass. R. Civ. P. 56, as amended, 436 Mass. 1404 (2002), with respect to counts II and III of the...

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