Legal Opinion

Foley v. Nationwide Mutual Insurance

Massachusetts Superior Court

Decided December 28, 2000No. 980219CPublished

1Opinion of the Court

Agnes, A.J.

These are consolidated actions for declaratory judgment that arise out of a motor vehicle incident in which the plaintiff, David Foley, suffered personal injuries as a result of the conduct of the defendant Robert Flannery. The plaintiff is a police officer with the Newbury Police Department. He was injured on March 13, 1996, in Newbury, Massachusetts while on duty and during an encounter with Mr. Robert Flannery, a fugitive from justice. Flannery, who moments earlier had collided with a third motor vehicle, fled the scene, and then lost control of his vehicle causing it to go off…

2Cases cited33 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Kourouvacilis v. General Motors Corp.Massachusetts Supreme Judicial Court · 1991
  3. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  4. Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
  5. Cassesso v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983

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