Merrigan, J.
After trial in the Worcester District Court, the plaintiff Kenneth F. Repkie (Repkie) was awarded judgment and damages in his claim again Wal-Mart Stores, Inc. (Walmart). Walmart appeals pursuant to Dist. Mun. Cts. R. A. D. A., Rule 8C.
Repkie's claims were made as a result of injuries he sustained while shopping at Sam's Club in Westborough, Massachusetts. From the evidence, the trier of fact could have made the following findings:
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