Santella v. Whynott

Sustaining serious injury when he fell on the sidewalk abutting the defendants’ building, the plaintiff brought this action in negligence in the Superior Court. The defendants moved for summary judgment on the basis that, if the plaintiff’s fall was caused by negligence, any such negligence was attributable to their independent contractor, over whom they had *452no control. The judge allowed the motion; judgment was entered pursuant to Mass.R.Civ.P. 54(b), 365 Mass. 821 (1974), and the plaintiff appealed.2 Although the judge gave no reason for his ruling, we think it clear from the memoranda of…