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JIMMY'S DINER v. LIQUOR LIAB. JT. UNDERWRITING ASS'N

410 Mass. 61 (1991)

571 N.E.2d 4

JIMMY'S DINER, INC. vs. THE LIQUOR LIABILITY JOINT UNDERWRITING ASSOCIATION OF MASSACHUSETTS.

Supreme Judicial Court of Massachusetts, Suffolk.

May 8, 1991.

Attorney(s) appearing for the Case

James E. Grumbach (James L. Rogal with him) for the plaintiff.

Steven L. Schreckinger (Ellen B. King with him) for the defendant.

Present: LIACOS, C.J., ABRAMS, NOLAN, & LYNCH, JJ.

NOLAN, J.

In March, 1989, one Preston Gardner commenced an action against the plaintiff, Jimmy's Diner, Inc. (Jimmy's), alleging that he had been the victim of an assault and battery at the hands of an employee of Jimmy's. At the time of the alleged incident, Jimmy's had a liquor liability insurance policy from the defendant, The Liquor Liability Joint Underwriting Association of Massachusetts (LLJUA). Jimmy's promptly notified...

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