Brooks v. Manzaro

Agnes, Peter W., J.

The plaintiff, Russell Brooks (Brooks), seeks damages from the defendant, John Manzaro (Manzaro), for injuries suffered when Brooks slipped and fell on an accumulation of snow and ice outside an apartment building owned by Manzaro. Brooks alleges counts of negligence, breach of the implied warranty of habitability, and violation of G.L.c. 93A. The matter is now before the court on Manzaro’s motion for summary judgment.

In support of his motion, Manzaro contends that: (1) the ice was a natural accumulation for which recovery is not allowed; (2) a natural accumulation is not a…