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FONTAINE v. DOE FAMILY TRUST

2002 Mass. App. Div. 157 (2002)

Linda Fontaine v. Doe Family Trust, II, William A. Doe, Trustee, Charles F. Doe, Trustee, and Dana G. Doe, Trustee, Doing Business As 99 Restaurant & Pub and 99 West, Inc.

Massachusetts Appellate Division, Southern District.

August 14, 2002.

Attorney(s) appearing for the Case

Denita Gramitt for the plaintiff.

James L. Frederick for the defendants.

Present: Wheatley, P.J., Welsh & Creedon, JJ.

Creedon, J.

In this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal, the defendant, doing business under the name 99 Restaurant & Pub (hereinafter "the 99") appeals from a judgment entered against it, in a slip and fall accident It is the 99's position that the evidence does not warrant a finding of liability under the familiar principles expressed in Oliveri v. Massachusetts Bay Transportation Authority, 363 Mass. 165

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