Bucksar v. Mayo

2011 WL 13254244 (D.Mass.Oct.24. 2011)

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Nature of the Case

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Facts

P was a guest at The Cape Codder Guest House owned by D. While on the landing at the rear entrance to the Guest House and opening the storm door to allow her sister to enter, P fell off the landing and injured herself. P alleged that the size of the landing relative to how wide the door opens, the lack of a railing on the landing, D's failure to 'properly inspect, maintain, repair and/or warn the plaintiff about the hazardous condition of the landing,' and violations of applicable Massachusetts Building Codes were the root cause. P sustained a 'humerus fracture,' 'a partial thickness tear of the suprasinatus and infraspinatus tendons,' possible bursitis, 'post-traumatic impingement syndrome,' and 'a posterior disc bulge at C4-C5.' P claims ongoing pain, permanent impairment, and medical expenses. P can document expenses in excess of $13,300 and lost wages of at least $9,000. P demands judgment in the amount of $150,000 plus interest and costs. D moved to dismiss.