Gilhooley v. Star Market Co.

In this tort action, the plaintiff alleges that, due to the defendant’s negligence, he sustained personal injuries from slipping on a green pepper in the defendant’s supermarket. By a special verdict, the jury found that the defendant had not been negligent. Accordingly, judgment entered for the defendant. On appeal to the Appeals Court, the plaintiff claimed that the judge’s instructions to the jury were erroneous because they focused exclusively on the question whether the defendant reasonably should have discovered and removed the pepper before the plaintiff fell. The plaintiff claimed…