HILDEBRANT v. CUMBERLAND FARMS, INC.


2001 Mass. App. Div. 45 (2001)

Ellyn L. Hildebrant v. Cumberland Farms, Inc.

Massachusetts Appellate Division, Southern District.

March 27, 2001.


Attorney(s) appearing for the Case

Edward F. O'Brien, Jr., for the plaintiff.

Daniel E. Dilorati for the defendant.

Present: Crimmins, Sabra & Creedon, JJ.


Creedon, J.

The defendant, Cumberland Farms, Inc. (Cumberland), appeals from a finding of its negligence in connection with injuries sustained by the plaintiff, Ellyn L. Hildebrant (Hildebrant), when she tripped and fell over a box left in the aisle of Cumberland's store located in Vineyard Haven, Massachusetts. The defendant argues that (1) the evidence was insufficient to warrant a finding of its negligence; (2) the court's finding was warranted in that the plaintiff...

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