LIMARDO v. PEARL AVENUE REALTY TRUST


1998 Mass. App. Div. 79 (1998)

Daniel Limardo v. Pearl Avenue Realty Trust

Massachusetts Appellate Division, Municipal Court.

Released April 16, 1998


Attorney(s) appearing for the Case

Alan H. King for the plaintiffs.

Susan E. Johnson for the defendant.

Present: Donovan, Johnson & Bernstein, J.


Donovan, J.

In this matter, the minor plaintiff, through his father and next friend, brought suit to recover for personal injuries sustained when he fell on a "discarded, rusted, charcoal grill" that the defendant had neglected to remove from its property. The plaintiff alleged that the defendant had a duty to keep its premises free from defects which would present a clear and present danger to tenants and their guests. The defendant denied the allegations and asserted...

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