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GARGANO v. STOP & SHOP SUPERMARKET COMPANY

2006 Mass. App. Div. 182 (2006)

Nicole A. Gargano v. The Stop & Shop Supermarket Company

Massachusetts Appellate Division, Southern District.

December 11, 2006.

Attorney(s) appearing for the Case

David G. Nagle, Jr., and Edward M. Joyce, Jr., for the plaintiff.

Edward J. Denn for the defendant.

Present: Williams, P.J., Merrick & Johnson Smith, JJ.

Merrick, J.

The minor plaintiff brought this action by her mother and next friend for injuries caused by a fall in defendant Stop & Shop's supermarket. The case was dismissed pursuant to Mass. R. Civ. P., Rule 33(a), when the plaintiff failed to make timely answers to interrogatories. A judge allowed the plaintiff's Mass. R. Civ. P., Rule 60(b), motion to vacate the dismissal, and the case proceeded to trial. The plaintiff obtained a judgment on the merits against...

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