SPEARS v. NSTAR GAS COMPANY


2006 Mass. App. Div. 191 (2006)

Anthony Spears v. NSTAR Gas Company, and another

Massachusetts Appellate Division, Northern District.

December 22, 2006.


Attorney(s) appearing for the Case

Steven C. Goldwyn for the plaintiff.

Michael K. Callahan for defendant NSTAR Gas Company.

Patrick M. McCormack for defendant Felix A. Marino, Inc.

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


Coven, J.

Following the plaintiffs opening statement to the jury in this slip and fall case, the defendants moved for a directed verdict. The motion was allowed, judgment was entered for the defendants, and the plaintiff filed this appeal.

The plaintiff's fall occurred on May 14, 2001. The plaintiff argued to the jury in his opening statement that on March 20, 2001, nearly eight weeks prior to the date of his accident,2 the defendants...

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