Legal Opinion

Prestopino v. Shaw's Supermarkets, Inc.

Massachusetts District Court, Appellate Division

Decided February 6, 2002PublishedCited by 1 opinion

1Opinion of the CourtWinslow, J.

The defendant supermarket (“Shaw’s) appeals from a judgment in favor of a plaintiff customer (“Prestopino”) who suffered personal injuries when she tripped on a wrinkled carpeting as she entered the supermarket store to shop. The trial judge, hearing the matter without a jury, found for Prestopino. We reverse.

The trial judge found that Prestopino and her husband were lawfully on the premises owned and controlled by Shaw’s when she tripped and fell on a rug that was located on the floor inside the store entrance. There was an inlaid carpet in the entrance area with an unattached mat or rug…

2Cases cited10 opinions

  1. Oliveri v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1973
  2. Deagle v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1961
  3. Capitol Bank & Trust Co. v. RichmanMassachusetts Appeals Court · 1985
  4. Thurlow v. Shaw's Supermarkets, Inc.Massachusetts Appeals Court · 2000
  5. Robinson v. Ipswich Post 1093, V.F.W. Inc.Massachusetts Supreme Judicial Court · 1961

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3Cited by1 opinion

  1. Benzaquin v. Friendly Ice Cream Corp.Massachusetts District Court, Appellate Division · 2003

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