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TOUBIANA v. PRIESTLY

402 Mass. 84 (1988)

520 N.E.2d 1307

LYLIANE TOUBIANA vs. JOHN W. PRIESTLY, JR.

Supreme Judicial Court of Massachusetts, Suffolk.

April 6, 1988.

Attorney(s) appearing for the Case

Robert J. Doyle for the plaintiff.

Harvey Weiner (Ripley E. Hastings with him) for the defendant.

Present: HENNESSEY, C.J., LIACOS, NOLAN, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

The plaintiff's deceased, Max Toubiana, died as a result of a head injury he sustained while transporting lumber in a freight elevator in a building owned by a realty trust. The defendant was the sole trustee. In this action for wrongful death, the plaintiff alleges that the death resulted from the defendant's negligent maintenance of the elevator. The case was tried before a jury. The judge denied the defendant...

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