Massachusetts Supreme Judicial Court· 8/5/1993
Flood v. Southland Corp.
Citations
- 616 N.E.2d 1068
- 416 Mass. 62
- 1993 Mass. LEXIS 513
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that there can be circumstances under which no postcharge objection is required
- rejecting “hard and fast approach” of United States Court of Appeals for the First Circuit, which requires, under similar Federal rule, that all relevant events occur after charge is given
- defendant’s argument that it owed no duty to plaintiff failed where evidence showed that criminal act came within reasonably foreseeable risk of harm
- ―Substantially more than one-half of the States have adopted rules of evidence similar to Fed. R. Evid. 803 (22).‖
- “Cautious counsel, however, wisely will renew any earlier objection with specificity after the charge unless the judge then instructs otherwise”
- as intentional tortious conduct cannot be negligent conduct under Massachusetts comparative negligence statute, remanding for determination of whether defendant's stabbing of plaintiff in parking lot of co-defendant/convenience store was intentional
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Abrams, Nolan, Lynch, O'Connor, Greaney
Read full opinion on CourtListenerOther cases named Flood v. Southland Corp.
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