Legal Opinion · Concurrence

Flood v. Southland Corp.

Massachusetts Supreme Judicial Court

Decided August 5, 1993Published

1ConcurrenceO’Connor, J.

(concurring in part and dissenting in part, with whom Lynch, J., joins). I agree that the trial judge erred in not putting to the jury the question whether Darcy intentionally stabbed the plaintiff. Also, I agree that, if the case against Southland Corporation (Southland) is retried, Darcy’s guilty pleas should be admitted in evidence against the plaintiff and Darcy. However, I do not agree that the case against Southland ought to be remanded for a new trial. In my view, the judge erred in denying Southland’s motions *74for a directed verdict and for judgment notwithstanding the verdict. The…

2Cases cited17 opinions

  1. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  2. Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
  3. Stone v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1898
  4. Falk v. FinkelmanMassachusetts Supreme Judicial Court · 1929
  5. Carey v. New Yorker of Worcester, Inc.Massachusetts Supreme Judicial Court · 1969

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