Bowers v. P. Wile’s, Inc., 475 Mass. 34 (2016)

The Massachusetts Supreme Judicial court affirmed the Appellate Court’s decision to reverse the trial court’s entry of summary judgment. SUGARMAN attorneys represented a woman who was caused to slip and fall on a stone that had been kicked loose from the defendant store’s self-service display area, a hazard that the store was well aware of for several years. The Supreme Judicial Court agreed with SUGARMAN’s attorneys that the “mode of operation” analysis applied to the facts of the case, vacated the judgment in favor of the defendant and remanded the case back to the Superior Court for further proceedings.