Freitas v. Home Depot U.S.A., Inc.

This is an action in negligence to recover for personal injuries suffered by the plaintiff in a fall on the defendant’s business premises. Summary judgment was entered for the defendant, and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

The Mass. R. Civ. P., Rule 56, materials before the motion judge included the pleadings, both parties’ answers to interrogatories, the plaintiffs 1995 recorded statement and the plaintiffs 1999 deposition testimony. Viewed in the light most favorable to the plaintiff, Bisson v. Eck, 430 Mass. 406, 407 (1999); Patsos v. First…