Ponte v. DaSilva

Helena M. Ponte seeks damages for personal injuries sustained when she fell on the driveway of her home. Her husband, Joseph, seeks to recover for consequential damages and loss of consortium. Trial was held before a judge of a District Court, who found for the plaintiffs. An Appellate Division of the District Courts vacated the findings and ordered that the complaint be dismissed. This is the plaintiffs appeal from that decision. We affirm the order of the Appellate Division.

We summarize the facts set forth in the judge’s memorandum of decision. The plaintiffs own residential premises in the…