Martinez v. Harvey

This is an action in tort to recover for injuries sustained by the plaintiff who slipped and fell on an unnatural accumulation of ice and snow on the front stairway of a multi-unit dwelling owned by the defendants.

The plaintiff is before this Division on a charge of error in the trial court’s allowance of the defendants’ “Motion to Dismiss” the complaint. As grounds for such motion, the defendants contend that they have been prejudiced by the plaintiff’s failure “to comply with M.G.L.c. 84, §18 by not providing Harvey with written notice within thirty (30) days” of the plaintiff’s injury and…