· 2/23/1982
Cimino v. Milford Keg, Inc.
Citations
- 431 N.E.2d 920
- 385 Mass. 323
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that claim for emotional distress is an independent claim for plaintiff’s own damages, and not “preempted” by G. L. c. 229, § 2
- find-ing that plaintiffs new claim of emotional distress related back to the original complaint, which stated claims for wrongful death of his son and for his son’s conscious pain and suffering, because it arose out of the same underlying transaction
- holding emotional distress is a distinct claim from wrongful death
- “A claim for damages based on emotional distress does not include an administrator’s claim for loss of consortium . . .”
- tavern keeper owes duty toward all drivers not to serve alcohol to intoxicated patron even though vehicle accident caused by patron’s criminal act of driving while intoxicated
- statute forbidding sale of liquor to intoxicated persons intended to protect accident victims
Source: CourtListener parenthetical corpus (CC0).
Judges: Hennessey, Wilkins, Liacos, Abrams, Nolan, Lynch, O'Connor
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.