District Court, D. Massachusetts November 3, 1983, Civ. A. 82-1097-G (Mavilia v. Stoeger Industries)

MEMORANDUM AND ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

GARRITY, District Judge.

This is a wrongful death action in which jurisdiction is based on diversity. On October 9, 1980, Anthony Mavilia, Jr. was killed when, as an innocent bystander, he was struck by a bullet from a .38 caliber Llama automatic pistol. Plaintiffs in this action are the decedent’s wife and two minor children.