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ATCHUE v. BENCHMARK SENIOR LIVING LLC

No. 19-P-125.

98 Mass. App. Ct. 572 (2020)

KENNETH F. ATCHUE, personal representative, v. BENCHMARK SENIOR LIVING LLC & another.

Appeals Court of Massachusetts, Worcester.

October 5, 2020.

Attorney(s) appearing for the Case

Thomas B. Farrey, III , for the plaintiff.

Joseph M. Desmond for the defendants.

Present: RUBIN, WOLOHOJIAN, & HENRY, JJ.

Mary T. Atchue brought a complaint for discovery — a seldom used equitable remedy — to ascertain how she sustained a broken foot and contusions, possibly while being transferred by aides at an assisted living facility owned and operated by the defendants. She appeals from a judgment dismissing her complaint without explanation...

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