A plaintiff was injured after she tripped on a bent stake jutting onto the walkway outside her condominium unit. She thereafter filed suit, alleging that the owner of the complex, Huntington Wood Condominium Trust, and the contractor responsible for snow removal, The Green Company Landscape & Irrigation, Inc., negligently maintained a hazardous condition that caused her injury. The superior court disagreed, finding that she failed to establish that the defendants had actual or constructive notice of a supposedly dangerous condition. The judge therefore granted the defendants’ motions for summary judgment. The plaintiff appealed, and the Massachusetts Court of Appeals affirmed.
She alleged that in mid-March 2010, she injured herself when she tripped on a stake that poked out onto the walkway next to her condo unit. She passed that stake approximately three times that day before falling. She noticed that it was bent but did not realize it was jutting out onto the walkway. In the evening, she walked to her car. When she returned from her car, she tripped over the stake.