Hennessey v. Stop & Shop Supermarket Co.
Massachusetts Appeals Court
1Opinion of the CourtArmstrong, C.J.
The plaintiffs appeal from a judgment dismissing their suit against The Stop & Shop Supermarket Company for insufficiency of service and granting The Stop & Shop Supermarket Company’s motion for summary judgment.
On July 28, 2000, Mersine Hennessey (Hennessey) slipped and fell on a piece of a banana in the produce department of a Stop & Shop supermarket located at the Sv/ampscott Mall (Swampscott Stop & Shop). Hennessey testified at deposition that the banana piece was peeled, four to five inches long, and *89golden brown to brown in color. The banana showed no dirt but had been flattened,…
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