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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brown v. LeClair, 20 Mass. App. Ct. 976 (1985)

Citation
Brown v. LeClair, 20 Mass. App. Ct. 976 (1985) 3.
Parent Document
Brown v. LeClair, 20 Mass. App. Ct. 976 (1985)
Jurisdiction
Massachusetts (state)
Effective Date
1985-09-11

Full Text

946 chars
3. Assault and Battery. Brown attacks the judge’s award of $1,000 for the injuries received from an assault and battery. These damages were based ón a September, 1980, incident in which LeClair was assaulted with a knife by a neighbor after the neighbor punched a hole through LeClair’s hollow core front door and entered his apartment. The judge found that the construction of the door to LeClair’s apartment did not provide adequate security and was in violation of the State Sanitary Code. See c. II of the State Sanitary Code, 105 Code Mass. Reg. 410.000 et seq. (1980); Regulations of the Attorney General, 940 Code Mass. Regs. § 3.16(3) (1978). There was evidence that the door was of flimsy construction. The question whether the requisite causal connection has been shown is one of fact. DiMarzo v. American Mut. Ins. Co., 389 Mass. 85, 101 (1983). We are unable to say that the findings of the judge on this issue were clearly erroneous.