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CALDERON v. ROYAL PARK, LLC

No. 18-P-1014.

96 Mass. App. Ct. 49 (2019)

KIANDRA CALDERON v. ROYAL PARK, LLC.

Appeals Court of Massachusetts, Essex.

September 10, 2019.

Attorney(s) appearing for the Case

Thomas J. Gleason for the plaintiff.

Gail M. Ryan for the defendant.

Albert L. Farrah, Jr. , & Louis J. Farrah, II , for Thomas Fuentes & another, amici curiae, submitted a brief.

Present: VUONO, WOLOHOJIAN, & McDONOUGH, JJ.

It is alleged that, because of holes and gaps in a fence owned and negligently maintained by the defendant, thirteen year old Kiandra Calderson found herself in harm's way on adjacent railroad tracks. The questions presented here are whether the plaintiff's claim under G. L. c. 231, § 85Q (the child trespasser statute), and her...

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