Fontaine v. Doe Family Trust, II

In this Dist/Mun. Cts. RAD.A, Rule 8C, appeal, the defendant doing business under the name 99 Restaurant & Pub (hereinafter “the 99”) appeals from a judgment entered against it in a slip and M accident It is the 99’s position that the evidence does not warrant a finding of liability under the familiar principles expressed in Oliven v. Massachusetts Bay Transportation Authority, 363 Mass. 165 (1973). In context the judge found that an employee of the 99 spilled ice from an ice bin, located at the end of a bar that they used to prepare drinks, onto the floor; the employee failed to clean up the…