Legal Opinion

George Wallace, Administrator of the Estate of Daniel Tommy Wallace v. Shade Tobacco Growers Agricultural Association, Inc.

Court of Appeals for the First Circuit

Decided March 4, 1981No. 80-1356PublishedCited by 10 opinions

1Opinion of the Court

PELL, Circuit Judge.

Plaintiff appeals to this court from the district court’s grant of summary judgment to the defendants in plaintiff’s action for the wrongful death and conscious pain suffered by plaintiff’s son, Daniel Tommy Wallace.

The material facts are undisputed. Daniel Wallace drowned in a swimming pond located on the premises of Sunnyside Beach and Campground in Westfield, Massachusetts, which was operated by Henry Wilgus. At the time of his death, Daniel Wallace was employed by Consolidated Cigar Corporation as a summer worker at a youth farm work camp called Camp Clark which was…

2Cases cited10 opinions

  1. Poirier v. Town of PlymouthMassachusetts Supreme Judicial Court · 1978
  2. Caswell's CaseMassachusetts Supreme Judicial Court · 1940
  3. Clark v. M. W. Leahy Co.Massachusetts Supreme Judicial Court · 1938
  4. Moore's CaseMassachusetts Supreme Judicial Court · 1953
  5. John Manganaro, Administrator v. The Delaval Separator Co.Court of Appeals for the First Circuit · 1962

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3Cited by10 opinions

  1. Elliot W. Taylor v. Robert J. GallagherCourt of Appeals for the First Circuit · 1984
  2. Carmen Forcucci and Theresa Forcucci v. United States Fidelity and Guaranty CompanyCourt of Appeals for the First Circuit · 1993
  3. Searcy v. PaulMassachusetts Appeals Court · 1985
  4. Kemp's CaseMassachusetts Supreme Judicial Court · 1982
  5. Grather v. Gables Inn, Ltd.Supreme Court of Vermont · 2000

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