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Delano v. Garrettson-Ellis Lumber Co.

Citations: 281 N.E.2d 282; 361 Mass. 500; 1972 Mass. LEXIS 914

Court: Massachusetts Supreme Judicial Court; March 31, 1972; Massachusetts; State Supreme Court

Narrative Opinion Summary

In the case of Stephen J. Delano v. Garrettson-Ellis Lumber Company, the Supreme Judicial Court of Massachusetts addressed a personal injury claim arising from the plaintiff's fall on snow and ice on the defendant's premises. The plaintiff, a truck driver, asserted he was an invitee and argued the defendant was negligent in failing to maintain safe conditions. The defendant contested the jury's verdict favoring the plaintiff, particularly disputing the denial of a motion for a directed verdict. The court examined issues of premises liability, evaluating the plaintiff's status as an invitee and the defendant's duty to manage snow and ice. Despite inconsistencies in the plaintiff's testimony regarding the fall's location, the court upheld the jury's role in resolving factual disputes. Evidence suggested the fall occurred on an unsanded icy surface under the defendant's control, with the foreman responsible for its maintenance. The court found the evidence sufficient for the jury to infer negligence and ruled against all exceptions raised by the defendant, ultimately supporting the jury's verdict in favor of the plaintiff.

Legal Issues Addressed

Control and Maintenance Responsibility of Property

Application: The court acknowledged the defendant's control over the area and the responsibility of its foreman to maintain safe conditions.

Reasoning: Control of the area was acknowledged by the defendant, and the primary issue was whether the fall occurred there.

Invitee Status and Premises Liability

Application: The court evaluated the plaintiff's status as an invitee and whether the defendant owed a duty of care to maintain the safety of the area where the plaintiff fell.

Reasoning: The plaintiff entered the defendant's premises as a business visitor and sought the foreman, subsequently falling in an area designated for pedestrian use, which was included in the defendant's general invitation to invitees.

Jury's Role in Resolving Testimonial Inconsistencies

Application: The court emphasized that discrepancies in the plaintiff's testimony regarding the fall's location were for the jury to resolve.

Reasoning: The court emphasized that inconsistencies in a plaintiff's testimony are for the jury to resolve, referencing established legal precedents.

Negligence Liability for Snow and Ice Accumulation

Application: The court considered whether the defendant was negligent in maintaining safe conditions on its property, which included the removal of snow and ice.

Reasoning: The plaintiff sought damages for personal injuries from a fall on snow and ice on the defendant's property, claiming he was an invitee and that the defendant was negligent in snow and ice removal.

Sufficiency of Evidence to Support Jury Verdict

Application: The court found that the evidence presented was sufficient for the jury to determine the facts and make a decision regarding the defendant's negligence.

Reasoning: Ultimately, the court found that the presented evidence was sufficient to allow the jury to determine the facts of the case.