Crimmins, J.
This is an action in negligence to recover for injuries sustained when the plaintiff fell while inside the defendant's supermarket. At the trial the judge found for the plaintiff, Ms. Lopes, and awarded damages. The judge denied defendant's motion to dismiss under Mass. R. Civ. P., Rule 41(b) (2). The defendant, Shaw's Supermarkets, Inc., appealed to this Division pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C. On appeal the defendant argues that the...
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