Legal Opinion

DiMauro v. Stop & Shop Companies, Inc.

Massachusetts District Court, Appellate Division

Decided June 11, 2002Published

1Opinion of the CourtGreco, J.

Plaintiff Rosemarie DiMauro (“Mrs. DiMauro”) sued the Stop & Shop Companies (“Stop & Shop”) for damages arising out of her fall next to the salad bar at the defendants’ Revere store. After trial, the judge found that the parties were equally negligent and that Mrs. DiMauro suffered damages of $30,000.00. Accordingly, judgment was entered for Mrs. DiMauro in the amount of $15,000.00. Her husband, plaintiff Sebastian DiMauro, recovered $2,500.00 for loss of consortium.

The trial judge’s written findings of feet included the following:

When Mrs. DiMauro approached the salad bar, defendants’…

2Cases cited5 opinions

  1. Davis v. Westwood GroupMassachusetts Supreme Judicial Court · 1995
  2. Oliveri v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1973
  3. Heil v. McCannMassachusetts Supreme Judicial Court · 1971
  4. Benjamin v. O'Connell & Lee Mfg. Co.Massachusetts Supreme Judicial Court · 1956
  5. Miller v. FickettMassachusetts Appeals Court · 2000

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