Aug 7 2015

Courtroom Success 2015-25: Springfield Partner Jack Burke & Associate Denise M. Tremblay

Springfield Partner Jack Burke, Jr., and Associate Denise M. Tremblay recently prevailed on an appeal before the Appeals Court of Massachusetts in which the court affirmed summary judgment in favor of our client. The plaintiff, who had undergone a below-the-knee amputation and was using crutches, slipped and fell while entering our client's convenience store. The floor was wet from rain water that had been tracked in by other customers. The plaintiff suffered serious injuries resulting in further amputation and almost $100,000 in medical expenses. The Superior Court judge entered summary judgment under the transitory weather condition doctrine. On appeal, the plaintiff argued that the ruling in Papadopoulos v. Target Corp., 457 Mass. 368 (2010), governed the analysis in the slip and fall case. The Appeals Court disagreed, finding that "Papadopoulos is not so expansive that it eliminated the transitory conditions analysis set forth in Wexler." (Rando v. Cumberland Farms, Inc., 87 Mass. App. Ct. 1121; Mass. App. Unpub. LEXIS 429). The plaintiff’s Application for Further Appellate Review was denied by the SJC.

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