Simonoko v. Stop & Shop, Inc.

The plaintiffs, husband and wife, appeal from a judgment dismissing their complaint in this tort action. The judge considered the case on the defendant’s motion for summary judgment. In effect, the parties stipulated to the evidence most favorable to the plaintiffs. The wife stepped on a bottom shelf in the defendant’s store to reach a bottle at the back of a top shelf, and, as she came down, she caught her nose on a hook about five inches long. The hook, which was attachable "by a squeezing action,” was of a type used to display merchandise at the defendant’s store and at other stores,…