ARROYO v. ELEVATOR


1996 Mass. App. Div. 7 (1996)

Ramon Arroyo v. Otis Elevator

Massachusetts Appellate Division, Western District.

January 17, 1996.


Attorney(s) appearing for the Case

Penelope A. Kathiwala for the plaintiff.

Michael J. Keefe for the defendant.

Present: LoConto, Brennan & Gelinas, JJ.


LoConto, J.

The appellant (defendant) brought this appeal to test the correctness of the trial judge's denial of its motion for involuntary dismissal pursuant to Dist./Mun. Cts. R. Civ. P., Rule 41(b) (3) and ultimately the finding for the plaintiff. We rule that the evidence viewed in the light most favorable to the plaintiff cannot support the trial judge's finding and therefore judgment must enter for the defendant. The facts necessary for an understanding of the...

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