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ROSE v. HIGHWAY EQUIPMENT COMPANY; SPLAINE

No. 13-P-1215.

86 Mass. App. Ct. 204 (2014)

ROBERT ROSE & another v. HIGHWAY EQUIPMENT COMPANY; JAY SPLAINE, third-party defendant.

Appeals Court of Massachusetts, Suffolk.

August 27, 2014.

Attorney(s) appearing for the Case

Deborah M. Santello for the plaintiffs.

Christopher J. Sullivan ( Jonathan Klein with him) for Highway Equipment Company.

J. Michael Conley & Thomas R. Murphy , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: GREEN, MEADE, & SULLIVAN, JJ.

MEADE, J.

Plaintiff Robert Rose sued Highway Equipment Company (HECO), the manufacturer of a broadcast spreader, after Rose severely injured his hand while oiling the spreader's chain.3 Rose's suit asserted causes of action for negligence and breach of the implied warranty of merchantability. On the negligence count, the jury found Rose seventy-three percent negligent and HECO twenty...

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