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KLAIRMONT v. GAINSBORO RESTAURANT, INC.

No. SJC-11154.

465 Mass. 165 (2013)

LISA KLAIRMONT & another, administrators, v. GAINSBORO RESTAURANT, INC., and others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 2013.

Attorney(s) appearing for the Case

Michael F. Aylward ( Richard W. Jensen with him) for the defendants.

Joseph S. Sano ( Thomas M. Elcock & Jeffrey A. Newman with him) for the plaintiffs.

The following submitted briefs for amici curiae:

Mark A. Behrens & Cary Silverman , of the District of Columbia, & Ryan K. Farnsworth for Associated Industries of Massachusetts & others.

James M. Campbell for Federation of Defense and Corporate Counsel.

Michael C. Gilleran & Michael D. Riseberg for Massachusetts Defense Lawyers Association & another.

Timothy C. Kelleher , Jeffrey S. Beeler , Thomas R. Murphy , & J. Michael Conley for Massachusetts Academy of Trial Attorneys.

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

BOTSFORD, J.

At approximately 1:46 A.M. on April 1, 2007, Jacob Samuel Freeman fell down a staircase at Our House East, a bar and restaurant in Boston. As a result of injuries sustained from the fall, Jacob5 died on April 3, 2007. The plaintiffs, Lisa Klairmont and Michael Freeman, the parents of Jacob, filed this action thereafter in the Superior Court in their capacities as administrators of...

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