Legal Opinion

Nutt v. Florio

Massachusetts Appeals Court

Decided October 19, 2009No. 08-P-81PublishedCited by 3 opinions

1Opinion of the CourtKatzmann, J.

As a result of a bite by a pit bull terrier named Tiny, ten year old Killian Nutt (plaintiff) filed a multiple count complaint3 in Superior Court against the dog’s owner, Michael *483Keane,4 and the owner’s landlords, Emil and Clara Florio (defendants). Both parties moved for summary judgment. The defendants’ motion was allowed as to all counts and the plaintiffs motion was denied. The plaintiff now appeals solely from the dismissal of the negligence count against the defendants. Informed by a Supreme Judicial Court opinion issued subsequent to the proceedings here, we reverse the grant of…

2Cases cited27 opinions

  1. Augat, Inc. v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 1991
  2. Attorney General v. BaileyMassachusetts Supreme Judicial Court · 1982
  3. Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
  4. Solimene v. B. GRAUEL & CO., KGMassachusetts Supreme Judicial Court · 1987
  5. Nelson v. Salem State CollegeMassachusetts Supreme Judicial Court · 2006

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3Cited by3 opinions

  1. Carrozza v. CVS Pharmacy, Inc.Court of Appeals for the First Circuit · 2021
  2. Giacalone v. HOUSING AUTH. OF WALLINGFORDConnecticut Appellate Court · 2010
  3. Coates v. Heat Wagons, Inc.Indiana Court of Appeals · 2011

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