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Fitzpatrick v. Wendy's Old Fashioned Hamburgers of New York, Inc.SJC-12937Argue Date: Friday November 6, 2020*Summary: Torts; Civil Practice-- In this damage action against a restaurant, the issue is whether the trial judge was correct in granting a mistrial on the basis of improper closing argument by the plaintiff. Justices: Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ. Appellant: Meaghan Fitzpatrick Counsel for Appellant: Matthew J. Fogelman, Esquire Mark Cashman, Esquire Jeffrey Simons, Esquire Appellee: Wendy's Old Fashioned Hamburgers of New York, Inc. Counsel for Appellee: Christopher A. Duggan, Esquire Pauline A. Jauquet, Esquire Dallin Rex Wilson, Esquire Court Appealed From: Suffolk Superior Court Lower Court Judge: Heidi E. Brieger, J. Route to SJC: Further Appellate Review Amici Curiae: Massachusetts Defense Lawyers Association , Massachusetts Academy of Trial Attorneys *Summary is not an official part of the court proceedings, it is presented so that those who access the website will have a general understanding of the legal issues in the case. Access published opinions - View SJC Docket Information - Download Caption text |