Harris-Lewis v. Mudge
Massachusetts Superior Court
1Opinion of the CourtFremont-Smith, J.
Each of the above defendants has filed a motion for summary judgment on the ground that the undisputed “core” facts fail to provide an evidentiary basis upon which a reasonable jury could find against said defendants.
In deciding the motions, the Court may not weigh the evidence, but must deny the motions unless, on the undisputed facts, there is no reasonable probability that the plaintiffs can prevail at trial. Cassesso v. Comm'r of Correction, 390 Mass. 419, 422 (1983); Kelley v. Rossi, 395 Mass. 659, 663 (1985).
While it is true that the evidence against at least some of these defendants is…
2Cases cited11 opinions
- Cassesso v. Commissioner of CorrectionMassachusetts Supreme Judicial Court · 1983
- Kelley v. RossiMassachusetts Supreme Judicial Court · 1985
- Lyon v. MorphewMassachusetts Supreme Judicial Court · 1997
- Campbell v. ThorntonMassachusetts Supreme Judicial Court · 1975
- Markley v. Albany Medical Center HospitalAppellate Division of the Supreme Court of the State of New York · 1990
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