Lockwood v. Setounis

We deal with the question of a plaintiff’s contributory negligence as to injuries he sustained before Massachusetts adopted a comparative negligence statute. The plaintiff was injured when, in the nighttime on August 3, 1967, he fell through an opening in the floor of an apartment undergoing renovation by the defendant in a former warehouse owned by the defendant. The plaintiff had been a guest at a party in a recently completed apartment on the second floor of the building and had inspected two unfinished apartments on upper floors. Later in the evening, after going outside alone for a…