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BAYLESS v. TTS TRIO CORPORATION

SJC-11958.

474 Mass. 215 (2016)

HOWARD H. BAYLESS, administrator, v. TTS TRIO CORPORATION & others.

Supreme Judicial Court of Massachusetts, Worcester.

April 28, 2016.

Attorney(s) appearing for the Case

Scott T. Ober (Margarita I. Warren with him) for the defendants.

Ernest E. Wessell for the plaintiff.

Annette Gonthier Kiely, Thomas R. Murphy, Erin K. Thurston, & Lisa DeBrosse Johnson, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

In this case, we are asked to determine whether an affidavit submitted pursuant to G. L. c. 231, § 60J (commonly referred to as the dram shop act), must be a sworn statement based upon personal knowledge.4 Section 60J prescribes the procedural requirements applicable to "[e]very action for negligence in...

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