Holding v. Toys "R" Us

This is an action in tort to recover for personal injuries sustained by the plaintiff in a fall at the defendant’s store. The trial court entered judgment for the plaintiff in the amount of $6,650.00. The defendant has appealed to this Division pursuant to Dist./Mun. Cts. R. A. D. A, Rule 8A

The defendant operates a retail toy store in Revere, Massachusetts. On April 19, 1995, the plaintiff was in the defendant’s store to purchase a particular toy for her son. While searching for the toy, the plaintiff tripped and fell over a merchandise box which was on the floor in one of the store aisles.…