Legal Opinion

LaBart v. Hotel Vendome Corp.

District Court, D. Massachusetts

Decided February 12, 1963No. Civ. A. 61-724-CPublishedCited by 12 opinions

1Opinion of the Court

CAFFREY, District Judge.

This is a diversity action of tort for personal injury in which the plaintiff, a 74-year old lady, seeks recovery from defendant hotel by reason of having suffered a compression fracture of her D/12 vertebra in a fall which occurred in the shower in a room she had rented from defendant. It is conceded that all the evidence of negligence on the part of defendant is summarized by plaintiff’s answers to the following interrogatories :

Interrogatory 11: “Please describe fully and in complete detail how your alleged accident happened, stating what you did and what happened…

2Cases cited3 opinions

  1. Lincoln Operating Co. v. GillisIndiana Supreme Court · 1953
  2. Kitchen v. Women's City ClubMassachusetts Supreme Judicial Court · 1929
  3. Grace v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1948

3Cited by12 opinions

  1. Downen v. Sinclair Oil Corp.Wyoming Supreme Court · 1994
  2. Wagner v. Coronet HotelCourt of Appeals of Arizona · 1969
  3. Dempsey v. Alamo Hotels, Inc.New Mexico Supreme Court · 1966
  4. Kutz v. Koury Corp.Court of Appeals of North Carolina · 1989
  5. Hale v. SS Liquors, Inc.Indiana Court of Appeals · 2011

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