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Duggan, Dana Vs. Walsh, Robert

Case Last Refreshed: 4 months ago

Duggan, Dana, filed a(n) Personal Injury - Torts case represented by Beagan, Esq., Sean M, Noel, Esq., Raeha S, against Walsh, Robert, represented by Vital, Esq., Ryan J, in the jurisdiction of Norfolk County, MA, . Norfolk County, MA Superior Courts with Diane C. Freniere presiding.

Case Details for Duggan, Dana v. Walsh, Robert

Judge

Diane C. Freniere Track Judge’s New Cases

Filing Date

November 09, 2020

Category

Torts

Last Refreshed

November 24, 2023

Practice Area

Torts

Filing Location

Norfolk County, MA

Matter Type

Personal Injury

Parties for Duggan, Dana v. Walsh, Robert

Plaintiffs

Duggan, Dana

Attorneys for Plaintiffs

Beagan, Esq., Sean M

Noel, Esq., Raeha S

Defendants

Walsh, Robert

Attorneys for Defendants

Vital, Esq., Ryan J

Case Events for Duggan, Dana v. Walsh, Robert

Type Description
Docket Event Party(s) file Stipulation with prejudice and without costs and all rights of appeal waived. (e-filed) Applies To: Duggan, Dana (Plaintiff); Walsh, Robert (Defendant)
Docket Event The following form was generated: Notice to Appear for Final Pre-Trial Conference on Tuesday, August 9, 2022 at 2:00 P.M. Sent On: 05/16/2022 11:58:20
Docket Event Endorsement on Motion to extend tracking deadline(s) (#8.0): ALLOWED as assented to. Discovery and Tracking Order are extended as follows; Discovery to 1/7/2022; R.56 Service deadline to 2/7/2022; R.56 Filing deadline to 3/7/2022 and the case shall be placed on the May 2022 Pre Trial Conference list. cs
Docket Event Rule 9A list of documents filed. (E-Filed)
Docket Event Defendant Robert Walsh's Joint Motion to extend tracking deadline(s) (E-Filed)
Docket Event Attorney appearance On this date Raeha S Noel, Esq. added as Private Counsel for Plaintiff Dana Duggan
Docket Event Received from Defendant Walsh, Robert: Answer with claim for trial by jury (rec'd 3/5/21)
Docket Event Endorsement on Motion to dismiss all counts (#6.0): DENIED after review of the written submissions & oral argument. Whether the plaintiff was a "Keeper" of Murray the basset hound under G.L.c.140 sec.155, as a matter of law, as the defendant argues is a question of fact that cannot be decided at this early stage of litigation. See Salisbury v. Ferioli, 49 Mass. App. Ct 485,487 (2000). Taking the allegations in the complaint as true & the reasonable inferences there from in favor of the plaintiff, the complaint plausibly demonstrates entitlement to relief under the strict liability statute. Discovery on the issue of Salisbury's first factor (the surrender of custody & care of the dog) is necessary to decide keepership as a matter of law here. See Prentiss v. Cotton 2003 WL 25316212 (Whitehead, J., Sept. 25, 2013) (granting summary judgment to dog owner who hired Plaintiff to provide daily dog walking services, finding as a matter of law Plaintiff was a "Keeper:). (Dated 2/17/2021) cs
Docket Event Event Result:: Rule 12 Hearing scheduled on: 02/17/2021 11:00 AM Has been: Held via Video Conference Hon Diane Freniere, Presiding

Judge: Freniere, Diane

Docket Event Affidavit of compliance with Superior Court Rule 9A (Rec. 1/13/2021) Applies To: Vital, Esq., Ryan J (Attorney) on behalf of Walsh, Robert (Defendant)
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