CLARKE v. MAL ELFMAN'S FURNITURE STORE


2005 Mass. App. Div. 160 (2005)

Evelyn Clarke v. Mal Elfman's Furniture Store, and another

Massachusetts Appellate Division.

December 16, 2005, Northern District.


Attorney(s) appearing for the Case

Ara H. Margosian, II, for the plaintiff.

John J. Jarosak for defendant Mal Elfman's Furniture Store.

Bernadette Sewell for defendant City of Waltham.

Present: Merrick, P.J., Greco & Curtin, JJ.


Curtin, J.

Plaintiff Evelyn Clarke ("Clarke") broke her leg when she slipped and fell on what she claims was an unnatural accumulation of ice and snow on a sidewalk in Waltham, Massachusetts. The sidewalk also serves as an entrance to the parking lot of defendant Mal Elfman's Furniture Store ("Elfman's"). Summary judgment was entered for both defendants. Clarke argues on this appeal that there were genuine issues of material fact as to whether Elfman's and defendant...

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