Legal Opinion

Stiles v. DeMoulas Super Markets, Inc.

Massachusetts Appeals Court

Decided January 7, 2019No. 17-P-1377Published

1Opinion of the Court

The plaintiffs filed this premises liability action after Kathleen Stiles3 slipped and fell in a store owned by the defendant. After a jury returned a $500,000 verdict for Stiles, the defendant moved for a new trial, alleging, in part, that counsel for the plaintiffs engaged in prejudicial misconduct during his closing argument. The trial judge granted a new trial, and a second jury returned a verdict for the defendant. On appeal the plaintiffs argue that the judge abused her discretion in granting a new trial and that the second jury verdict was against the weight of the evidence. We affirm.

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2Cases cited11 opinions

  1. Turnpike Motors, Inc. v. Newbury Group, Inc.Massachusetts Supreme Judicial Court · 1992
  2. Harlow v. ChinMassachusetts Supreme Judicial Court · 1989
  3. Gath v. M/A-Com, Inc.Massachusetts Supreme Judicial Court · 2003
  4. O'Brien v. PearsonMassachusetts Supreme Judicial Court · 2007
  5. Sheehan v. Roche Bros. Supermarkets, Inc.Massachusetts Supreme Judicial Court · 2007

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