Matthews v. Cole

Troy, Paul E., J.

Plaintiff Ellen Matthews (“Matthews”) injured her shoulder upon falling from a traffic island after being startled by a rising traffic gate. Matthews alleges negligence, negligent supervision, and a violation of G.L.c. 93A against defendant Security Systems, Inc. (“SSI”) for its failure to warn her that a security guard was going to activate the gate. SSI moves for summary judgment arguing that it did not owe a duty to warn Matthews because the rising gate was an open and obvious danger and because there is no evidence that SSI is engaged in trade or commerce. For the reasons…