ANN LUCE v. SILLARI


1990 Mass. App. Div. 218 (1990)

Betty Ann Luce vs. Salvatore Sillari

Massachusetts Appellate Division, Northern District.

December 20, 1990.


Attorney(s) appearing for the Case

Andrew S. Kaplan for the plaintiff.

James E. McCambridge, III, for the defendant.

Present: Forte, Banks & Furnari, JJ.


Forte, J.

This is an action for negligence wherein the plaintiff-tenant seeks damages for personal injuries she allegedly sustained in a fall which she attributes to the unsafe and dangerous condition of a common stairway in an apartment building owned by the defendant-landlord.

Included in the defendant's answer was the defense of "contributory negligence." See G.L.c. 231, § 85 — Comparative Negligence.

After trial, the judge made extensive...

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