Borges v. McGovern's Family Restaurant

At the jury trial of this slip and fall case, the judge allowed a motion by the defendant, McGovern’s Family Restaurant (“McGovern’s”), for a directed verdict. The plaintiffs, Maria Borges (“Borges”) and Antonio Borges,3 appealed, claiming that their trial evidence was sufficient to have allowed the case to proceed to the jury. We agree, and return the case to the Taunton District Court for a new trial.

A directed verdict is appropriate only if the trial court, viewing the evidence in the light most favorable to the plaintiff, determines that the defendant is entitled to judgment as a matter…