Legal Opinion

Pierce v. Toys "R" Us—Massachusetts, Inc.

Massachusetts District Court, Appellate Division

Decided June 30, 1998PublishedCited by 3 opinions

1Opinion of the CourtCoven, J.

This is a Dist./Mun. Cts. R. A. D. A., Rule 8C appeal by the defendant of the trial court’s judgment for the plaintiff on her negligence claim. The defendant contends that such judgment was unsupported by the evidence presented at trial.

Plaintiff Mary Pierce was injured when a high chair in the defendant’s store fell from a display, striking her across the bridge of her nose. The high chairs were placed on a display shelf a few inches off the floor. The defendant had placed the price tag on the high chair below eye level. When the plaintiff squatted down and lifted the bottom of the tag, the…

2Cases cited8 opinions

  1. Oliveri v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1973
  2. Deagle v. Great Atlantic & Pacific Tea Co.Massachusetts Supreme Judicial Court · 1961
  3. Altman v. Barron's, Inc.Massachusetts Supreme Judicial Court · 1961
  4. Sahagan v. CommonwealthMassachusetts Appeals Court · 1988
  5. Draper v. Kids "R" UsMassachusetts District Court, Appellate Division · 1996

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3Cited by3 opinions

  1. Esposito v. Winn Management Corp.Massachusetts District Court, Appellate Division · 1998
  2. Freitas v. Home Depot U.S.A., Inc.Massachusetts District Court, Appellate Division · 2000
  3. Smith v. Burger King Corp.Massachusetts District Court, Appellate Division · 2000

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