DeWOLFE v. HINGHAM CENTRE, LTD.

No. 10-P-473.

80 Mass. App. Ct. 765 (2011)

DANIEL DeWOLFE v. HINGHAM CENTRE, LTD., & others.

Appeals Court of Massachusetts, Plymouth.

November 9, 2011.


Attorney(s) appearing for the Case

Lawrence J. Rose for the plaintiff.

Terrance J. Hamilton ( Andrew T. Imbriglio with him) for Hingham Centre, Ltd., & another.

Present: RAPOZA, C.J., McHUGH, KAFKER, MEADE, & RUBIN, JJ.


RUBIN, J.

The plaintiff, Daniel DeWolfe, appeals from an order that granted summary judgment to two defendants, Hingham Centre, Ltd. (Hingham Centre), and M. Eileen Richards (collectively, defendants). On appeal, DeWolfe claims the judge relied on inapplicable case law to determine that the defendants owed no duty to DeWolfe and that genuine issues of material fact remain. We vacate the judgment and remand the matter for further proceedings.

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