Jackson v. Shaw's Supermarkets, Inc.

This is an action in tort in which plaintiff seeks to recover for personal injuries suffered when she slipped and fell on a wet floor of a supermarket. At the close of plaintiffs evidence, and again at the close of all the evidence, defendant moved to dismiss pursuant to Mass. R. Civ. P„ Rule 41(b)(2), citing as grounds for dismissal that plaintiff had shown no right to relief. Defendant's motions were denied, and from this denial defendant appeals.

We agree with defendant’s assertion that the evidence presented at trial was insufficient to support a finding of negligence on the part of…