Tanner v. Eliot Realty Corp.

The question presented for review in this action of tort for negligence is whether the trial judge erred in allowing the defendant’s motion for a directed verdict at the close of the plaintiff’s evidence (Mass.R.Civ.P. 50[a], 365 Mass. 814 [1974]), pursuant to which judgment was entered on the verdict (Mass.R.Civ.P. 58[a], 365 Mass. 826 [1974]). The motion was based upon the plaintiff’s voluntary assumption of the risk and contributory negligence. The plaintiff seeks damages for personal injury resulting from a fall on the defendant’s premises.1

We summarize the evidence most favorable to the…