O'CONNOR v. SHAW'S SUPERMARKETS, INC.


1999 Mass. App. Div. 135 (1999)

Mary O'Connor, and another v. Shaw's Supermarkets, Inc.

Massachusetts Appellate Division, Southern District.

June 3, 1999.


Attorney(s) appearing for the Case

Frederick M. McDermott for the plaintiffs.

Susan Sullivan for the defendant.

Present: Aguiar, P.J., Wheatley & Sabra, JJ.


Aguiar, J.

This appeal raises the issue of whether the trial court erred in finding the defendant negligent when there was no evidence that the defendant or its servants caused the foreign substance to be on the floor or that the defendant had actual knowledge of the existence of the foreign substance, or that the foreign substance was present for such a length of time that the defendant should have known about it.

We find there was error.

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