Gargano v. Stop & Shop Supermarket Co.

The minor plaintiff brought this action by her mother and next friend for injuries caused by a M in defendant Stop & Shop’s supermarket. The case was dismissed pursuant to Mass. R. Civ. P., Rule 33(a), when the plaintiff failed to make timely answers to interrogatories. A judge allowed the plaintiff’s Mass. R Civ. R, Rule 60(b), motion to vacate the dismissal, and the case proceeded to trial. The plaintiff obtained a judgment on the merits against defendant Stop & Shop in the amount of $5,502.00. The defendant has appealed on a charge of error in the courf s pretrial allowance of the…