Legal Opinion

Breingan v. Petsmart, Inc.

Massachusetts Appeals Court

Decided January 11, 2019No. 18-P-695Published

1Opinion of the Court

The plaintiffs appeal from the judgment, arguing error in the Superior Court judge's orders (i) striking, pursuant to Mass. R. Civ. P. 37, as amended, 423 Mass. 1406 (1996), affidavits of two former employees of the defendant whose identities the plaintiffs failed to disclose timely; (ii) granting the defendant's motion for summary judgment; and (iii) denying the plaintiffs' cross motion for summary judgment on all of the plaintiffs' claims stemming from the alleged failure by the defendant to provide certain dog care services to their dog, Loomis. We affirm.

Rule 37 sanctions. The plaintiffs…

2Cases cited9 opinions

  1. Bucchiere v. New England Telephone & Telegraph Co.Massachusetts Supreme Judicial Court · 1986
  2. Greenleaf v. Massachusetts Bay Transportation AuthorityMassachusetts Appeals Court · 1986
  3. Atlas Tack Corp. v. DonabedMassachusetts Appeals Court · 1999
  4. Ruszcyk v. Secretary of Public SafetyMassachusetts Supreme Judicial Court · 1988
  5. Gos v. BrownsteinMassachusetts Supreme Judicial Court · 1988

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