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ZUCCO v. KANE

439 Mass. 503 (2003)

CATHERINE E. ZUCCO v. RICHARD M. KANE & another.

Supreme Judicial Court of Massachusetts, Hampshire.

June 2, 2003.

Attorney(s) appearing for the Case

Michael K. Manning for Richard M. Kane.

Brian A. Gillis for IME, Inc.

David A. Wojcik for the plaintiff.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

We are asked to decide whether statements the plaintiff made in a settlement agreement may be admitted against her when she testifies to contrary facts in a subsequent action against a third party. We agree with the trial judge that the statements were admissible and therefore affirm.

1. Background. The plaintiff, Catherine E. Zucco, was a charge nurse at the Loomis House, a nursing home in Holyoke...

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