Nancy P. v. D'AMATO

In March, 1981, a nine year old girl, whom we shall call Nancy, told her mother that, on several occasions in 1979 and 1980 Vincenzo D’Amato, a neighbor in his sixties who died after this action was commenced, forced sexual contact on her. This action was brought to recover for harm done to Nancy and for harm sustained by her mother and her brother, whom we shall call Owen. The plaintiffs were awarded judgment on liability pursuant to Mass. R. Civ. P. 33 (a), as amended, 368 Mass. 905 (1976). A judge then decided the issues of damages.

The judge found that on at least two occasions D’Amato…