SMITH v. BURGER KING CORPORATION


2000 Mass. App. Div. 338 (2000)

Eleanor L. Smith v. Burger King Corporation

Massachusetts Appellate Division, Municipal Court.

December 20, 2000.


Attorney(s) appearing for the Case

Joanne L. Goulka for the plaintiff.

Osler L. Peterson for the defendant.

Present: Kelly, P.J., Bernstein & Forde, JJ.


Forde, J.

The plaintiff-appellee Eleanor L Smith ("Mrs. Smith") filed a tort claim against the defendant-appellant Burger King Corporation ("Burger King") for injuries sustained by Mrs. Smith when she tripped and fell at Burger King No. 140 in Allston, Massachusetts.1 At the conclusion of Mrs. Smith's case, the trial judge denied Burger King's motion to dismiss the action pursuant to Mass. R. Civ. P., Rule 41(b) (2).2...

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