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BOTTERI v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

1996 Mass. App. Div. 178 (1996)

Joseph Botteri v. Massachusetts Bay Transportation Authority, and another

Massachusetts Appellate Division, Municipal Court.

October 22, 1996.

Attorney(s) appearing for the Case

Lori Harling for the plaintiff.

James Small for defendant Massachusetts Bay Transportation Authority.

Barry McDonough for defendant Montgomery Elevator Company.

Present: Bakas, Meagher & Bernstein, JJ.

Bernstein, J.

This case arises from an action for negligence wherein plaintiff fell and injured himself as he stepped on an escalator maintained by Montgomery Elevator Company (hereinafter referred to as "Montgomery") and owned and operated by the Massachusetts Bay Transportation Authority (hereinafter referred to as "MBTA") when it came to an abrupt stop. The plaintiff claims that the trial court erred when it found for the defendant MBTA and allowed Montgomery's...

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