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BARRY v. BEVERLY ENTERPRISES-MASSACHUSETTS, INC.

418 Mass. 590 (1994)

638 N.E.2d 26

JOHN J. BARRY vs. BEVERLY ENTERPRISES-MASSACHUSETTS, INC.

Supreme Judicial Court of Massachusetts, Middlesex.

August 12, 1994.

Attorney(s) appearing for the Case

Gerald J. Caruso (James E. Fitzgerald with him) for the plaintiff.

Brian P. Burke (Edward M. Mahoney with him) for the defendant.

Present: WILKINS, LYNCH, O'CONNOR, & GREANEY, JJ.

O'CONNOR, J.

The plaintiff, John J. Barry, formerly a milk truck driver, seeks damages for a back injury he claims he sustained as a result of slipping and falling on ice on the defendant's property while he was making a delivery. The case was tried three times. During the first trial, the defendant moved for a directed verdict at the close of the plaintiff's case and renewed the motion at the close of all the evidence....

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