Small v. Maxi Drug, Inc.

The plaintiff, Irene Small (“Small”), has appealed the summary judgment entered against her on her claim for personal injuries resulting from the alleged negligence of the defendant, Maxi Drug, Inc. (“Maxi Drug”), doing business as Rite Aid Pharmacy. Small contends that when viewed in the light most favorable to her, as the nonmoving party, the summary judgment materials indicate the existence of a genuine issue of material fact warranting a trial of this case. We agree, and vacate the summary judgment entered for Maxi Drug and the allowance of its Mass. R. Civ. R, Rule 56 motion.

Small’s…