Ward v. Tri-City Realty, Inc.

This is an action in negligence to recover for personal injuries sustained by the plaintiff in a fall in a parking lot owned at the time by defendant John Cappuccio (“the defendant”). Summary judgment was entered for the defendant, and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

Viewing the Mass. R. Civ. P., Rule 56, materials in the light most favorable to the plaintiff, Miller v. Mooney, 431 Mass. 57, 60 (2000); Curly Customs, Inc. v. Bank of Boston, 49 Mass. App. Ct. 197, 198 (2000), it appears that the plaintiffs mishap occurred after 11:00 P.M. on January…