Rodriguez v. Winiker

The defendant-landowner appeals pursuant to Dist./Mun. Cts. R.A.D.A., Rule 8C(1) whether the evidence was sufficient for the judge to find him negligent for not having a fence atop a retaining wall from which the five-year-old plaintiff fell; (2) whether the judge failed to consider the plaintiffs comparative negligence; and (3) whether the judgment was excessive.

The defendant is the trustee of CS Realty Trust which purchased 38-42 Catherine Street, Worcester, in November, 1997. A paved driveway runs between 38-42 Catherine Street and the adjoining 36 Catherine Street. A concrete retaining…