MATHEWS v. LORD & TAYLOR, INC.


1983 Mass. App. Div. 319 (1983)

Virginia C. Mathews vs. Lord & Taylor, Inc.

Massachusetts Appellate Division, Northern District.

October 28, 1983.


Attorney(s) appearing for the Case

Joseph W. Breen for the plaintiff.

Tina M. Traficanti for the defendant.

Present: Cowdrey, P.J., Forte & Jodrey, JJ.


Cowdrey, P.J.

This is an action in tort to recover for personal injuries sustained by the plaintiff in a fall upon the defendant's business premises. The sole question for review is the propriety of the trial court's allowance of the defendant's Dist./Mun. Ct. R. Civ. P., Rule 41(b)(2) motion for dismissal submitted at the conclusion of the plaintiff's evidence.

The report evidence may be summarized as follows: On January 5, 1981, the plaintiff went to a department...

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