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KAVANAGH v. TRUSTEES OF BOSTON UNIVERSITY

440 Mass. 195 (2003)

KENNETH KAVANAGH vs. TRUSTEES OF BOSTON UNIVERSITY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

September 19, 2003.

Attorney(s) appearing for the Case

Michael J. O'Reilly for the plaintiff.

Lawrence S. Elswit for the defendants.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

SOSMAN, J.

Having been punched by an opposing Boston University player during an intercollegiate basketball game, the plaintiff brought suit against the trustees of Boston University (university) and the coach of the university's team, contending that the university was vicariously liable for the conduct of its "scholarship athlete," and that the university and its coach were negligent in that they "took no steps to prevent...

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