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

SJC-12937.

487 Mass. 507 (2021)

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

Supreme Judicial Court of Massachusetts, Suffolk.

May 21, 2021.

Attorney(s) appearing for the Case

Matthew J. Fogelman for the plaintiff.

Christopher A. Duggan for Wendy's Old Fashioned Hamburgers of New York, Inc., & another.

Myles W. McDonough , Laura Meyer Gregory , & Ryan B. MacDonald , for Massachusetts Defense Lawyers Association, amicus curiae, submitted a brief.

Brendan G. Carney , Thomas R. Murphy , Kevin J. Powers , & Patrick M. Groulx , for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, & Kafker, JJ.

The defendants in this personal injury suit moved for a mistrial after plaintiff's counsel purportedly made improper comments during his closing argument. The judge chose to reserve decision on the motion until after the jury rendered their verdict. When the jury found for the plaintiff, the judge allowed the motion and declared a mistrial...

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