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FITZPATRICK v. WENDY'S OLD FASHIONED HAMBURGERS OF NEW YORK, INC.

No. 18-P-1125.

96 Mass. App. Ct. 410 (2019)

MEAGHAN FITZPATRICK, v. WENDY'S OLD FASHIONED HAMBURGERS OF NEW YORK, INC., & others.

Appeals Court of Massachusetts, Suffolk.

November 7, 2019.

Attorney(s) appearing for the Case

Matthew J. Fogelman , for the plaintiff.

Christopher A. Duggan , ( Pauline A. Jauquet , also present) for Wendy's Old Fashioned Hamburgers of New York, Inc., & another.

Present: WOLOHOJIAN, BLAKE, & SHIN, JJ.

In this appeal we conclude that it was an abuse of discretion to allow a new trial based on statements in plaintiff's counsel's closing argument that crossed the bounds of permissible advocacy. We reach this conclusion because, among other things, the judge did not apply the correct legal standard and, as

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