Legal Opinion

United States v. Theriaque

District Court, D. Massachusetts

Decided November 17, 1987No. Civ. A. 80-0286-FPublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

Before the Court is the government’s motion to strike from trial defenses raised by defendants, and defendants’ objections thereto.

I. FACTS 1

Defendant Gatehouse Industries, Inc. (“Gatehouse”) owned a bar and hotel complex in West Springfield, Massachusetts. A part-time employee named Theriaque rented a room in the hotel. On October 29, 1977 Theriaque consumed alcohol over a period of time and was found the next day at the foot of a fire escape leading to the roof of defendant Gatehouse’s hotel. Ther-iaque was rendered a paraplegic by the apparent fall…

2Cases cited21 opinions

  1. Feltch v. General Rental Co.Massachusetts Supreme Judicial Court · 1981
  2. Riley v. DAVISON CONSTRUCTION CO., INC.Massachusetts Supreme Judicial Court · 1980
  3. United States v. Andrew GeraCourt of Appeals for the Third Circuit · 1969
  4. United States v. Franklin StudivantCourt of Appeals for the Third Circuit · 1976
  5. United States v. James F. Merrigan and James F. Merrigan, Jr., and Third-Party v. Thomas J. McKinney Third-PartyCourt of Appeals for the Third Circuit · 1968

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3Cited by10 opinions

  1. Health Insurance Ass'n of America, Inc. v. ShalalaCourt of Appeals for the D.C. Circuit · 1994
  2. Fanning v. AcroMed Corp.District Court, E.D. New York · 1997
  3. Gorman v. Tucker by and Through EdwardsSupreme Court of Colorado · 1998
  4. In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 2000
  5. Health Insurance Association of America, Inc. v. Donna E. Shalala, Secretary, Health and Human Services, Blue Cross and Blue Shield Association v. Donna E. Shalala, Secretary, Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1994

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