PRESTOPINO v. SHAW'S SUPERMARKETS, INC.


2002 Mass. App. Div. 25 (2002)

Patricia Prestopino v. Shaw's Supermarkets, Inc.

Massachusetts Appellate Division, Southern District.

February 6, 2002.


Attorney(s) appearing for the Case

Robert L. Perry for the plaintiff.

Michael J. McGlone for the defendant.

Present: Wheatley, P.J., Winslow & Connor, JJ.


Winslow, J.

The defendant supermarket ("Shaw's) appeals from a judgment in favor of a plaintiff customer ("Prestopino") who suffered personal injuries when she tripped on a wrinkled carpeting as she entered the supermarket store to shop. The trial judge, hearing the matter without a jury, found for Prestopino. We reverse.

The trial judge found that Prestopino and her husband were lawfully on the premises owned and controlled by Shaw's when she tripped and...

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