Soederberg v. Concord Greene Condominium Association
Massachusetts Appeals Court
1Opinion of the CourtMilkey, J.
On February 5, 2005, the plaintiff was seriously injured when she fell while trying to traverse an area of frozen slush at the condominium complex where she lived. She filed a negligence action against the condominium association that owned the complex (the owner). After trial in Superior Court, the jury returned a special verdict that found that the ice hazard was open and obvious and that the plaintiff had a reasonable alternative to walking across it. On that basis, the judge entered judgment absolving the owner of liability. At issue on appeal is the correctness of the judge’s…
2Cases cited11 opinions
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- O'Sullivan v. ShawMassachusetts Supreme Judicial Court · 2000
- Sullivan v. Town of BrooklineMassachusetts Supreme Judicial Court · 1994
- Silver v. CushnerMassachusetts Supreme Judicial Court · 1938
- Frost v. McCarthyMassachusetts Supreme Judicial Court · 1909
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