Sweet v. Cieslak

1. As this case has now been tried to conclusion, there is no longer any occasion to consider the propriety of the order denying the defendant’s motion for summary judgment. Deerskin Trading Post, Inc. v. Spencer Press, Inc., 398 Mass. 118, 126 (1986). 2. A careful review of all the evidence (and in particular the plaintiff’s testimony as to the wet, icy conditions which he observed inside the self-service bay of the car wash facility long before he ultimately lost his footing) compels the conclusion that the defendant should have had a directed verdict in the Superior Court because he was…