Massachusetts Appeals Court June 21, 1993, 92-P-620 (Kirby v. Le Disco, Inc.)

Gillerman, J.

It appears from sworn deposition testimony (the case comes to us on the allowance of the defendant’s motion for summary judgment) that in the early morning hours of November 20, 1987, John Gillen, twenty-four years old, six feet, two inches tall, weighing 225 pounds, and a former college football player, led an unprovoked, vicious assault on the two female plaintiffs who were