McNelly v. Roche Bros. Supermarkets, Inc.

This is an action in negligence to recover for injuries sustained when plaintiff fell inside defendant’s Sudbury Farms supermarket. At trial the judge found for the plaintiff, Margaret McNelly (hereinafter “McNelly”), and awarded damages. The defendant, Roche Brothers Supermarket, Inc. (hereinafter “Roche Brothers”), appeals the denial of its motion for involuntary dismissal at the close of plaintiff’s case, which was renewed at the close of all the evidence, Mass. R. Civ. R, Rule 41(b) (2), and the denial of certain requests for rulings sought by the defendant.

There was no error.

Because the…