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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)

Citation
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Parent Document
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-08-12

Other Sections in This Document (37)

Full Text

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If the plaintiff were to lose at trial on her negligence claim and then appeal the allowance of this motion for partial summary judgment, it is possible that she would ultimately prevail on her appeal, and she would need to try the case again, because the jury would not have decided the questions necessary to resolve the strict liability statutory claim. Therefore, in following in Judge Gantz’s footsteps, this Court defers its decision on the defendants’ Motion for Partial Summary Judgment until after the jury has returned its verdict so that the case need not be tried twice if plaintiff were to prevail on appeal.