RODRIGUEZ v. WINIKER


2004 Mass. App. Div. 191 (2004)

Felicita Rodriguez and Norberto Irrizary, individually and as parents and next friends of Annaliz Irrizary v. Mark M. Winiker, trustee of CS Realty Trust

Massachusetts Appellate Division, Western District.

December 3, 2004.


Attorney(s) appearing for the Case

Hector E. Pineiro for the plaintiff.

Francis J. Lynch and Stephen M.A. Woodworth for the defendant.

Present: LoConto, Ripps & Rutberg, JJ.


Ripps, J.

The defendant-landowner appeals pursuant to Dist./Mun. Cts. R.A.D.A., Rule 8C(1) whether the evidence was sufficient for the judge to find him negligent for not having a fence atop a retaining wall from which the five-year-old plaintiff fell; (2) whether the judge failed to consider the plaintiff's comparative negligence; and (3) whether the judgment was excessive.

The defendant is the trustee of CS Realty Trust which purchased 38-42 Catherine Street...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases