Demirgian v. Star Market Co.

This is an action in tort to recover for personal injuries sustained by plaintiff Angel Demirgian when she tripped and fell over an unattended stock cart in the defendant’s supermarket aisle.2 After trial, judgment was entered for the plaintiff in the amount of $17,500.00, and the defendant brought this appeal pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

This is the second appeal of this case to the Appellate Division. In August, 1993, the defendant filed a motion for summary judgment based on the rule of Mudge v. Stop & Shop, Inc., 339 Mass. 763 (1959) that

[t]he presence in the aisle [of…