Smith v. Burger King Corp.

The plaintiff-appellee Eleanor L. Smith (“Mrs. Smith”) filed a tort claim against the defendant-appellant Burger King Corporation (“Burger King”) for injuries sustained by Mrs. Smith when she tripped and fell at Burger King No. 140 in Alistan, Massachusetts.1 At the conclusion of Mrs. Smith’s case, the trial judge denied Burger King’s motion to dismiss the action pursuant to Mass. R. Civ. P., Rule 41 (b) (2).2

On November 27,1998, the trial judge ruled that Burger King had violated its duty of care to Mrs. Smith and found for Mrs. Smith in the amount of $100,000. The trial judge also made…