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MACFADYEN v. MAKI

No. 06-P-1394.

70 Mass. App. Ct. 618 (2007)

ELLEN S. MACFADYEN v. ROBERT L. MAKI.

Appeals Court of Massachusetts, Middlesex.

October 31, 2007.

Attorney(s) appearing for the Case

Robert R Berluti for the plaintiff.

James T. Scamby for the defendant.

Present: GREEN, SMITH, & GRAINGER, JJ.

SMITH, J.

The plaintiff, Ellen S. MacFadyen, injured her elbow when she tripped over a snow-covered tree stump while selecting a Christmas tree at the Star of the East Christmas Tree Farm (tree farm), which is owned and operated by the defendant, Robert L. Maki. The plaintiff filed a complaint in Superior Court against Maki, individually and doing business as Star of the East Christmas Tree Farm, alleging negligence (count I), gross negligence (count II), and wilful...

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