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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brooks v. Manzaro, 25 Mass. L. Rptr. 31 (2008)

Citation
Brooks v. Manzaro, 25 Mass. L. Rptr. 31 (2008)
Parent Document
Brooks v. Manzaro, 25 Mass. L. Rptr. 31 (2008)
Jurisdiction
Massachusetts (state)
Effective Date
2008-12-01

Full Text

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In sum, Brooks has introduced evidence, by way of his own testimony, from which a jury could reasonably conclude that the ice on which Brooks slipped was no longer in its natural state. Brooks’ description of the ice where he fell and his testimony that he notified the site manager of the treacherous conditions create a genuine issue of material fact as to whether the ice was an “unnatural accumulation” attributable to human activity, and if so, whether Manzaro breached his duty of reasonable care in failing to address the problem. B. Breach of Implied Warranty of Habitability