Rath v. Commonwealth

This is an action brought under G.L. c. 258A providing for compensation for victims of violent crimes, in which the plaintiff seeks to recover medical expenses and lost wages.

*256At trial, there was evidence tending to show that the plaintiff had sustained a lacerated cornea, when one David Marshall threw a drinking glass to the floor of a common area on the premises known as Alan’s Nightclub, in Amesbury, Massachusetts, causing the glass to shatter, and sending a fragment of glass into the plaintiffs eye.

The plaintiff presented evidence and contended: (1) That the crimes of (a) Assault and…