MEMORANDUM AND ORDER ON CROCS, INC.'S MOTION FOR SUMMARY JUDGMENT
STEARNS, District Judge.
This case arose from a regrettable accident on an escalator at the Massachusetts Bay Transportation Authority (MBTA) Aquarium Station. N.K., an eight-year-old girl, caught her shoe in the side skirt of the escalator, injuring her toe. N.K.'s shoe was a popular clog design marketed under the trade name CROCS, by Crocs, Inc. (Crocs), a Delaware corporation with an expansive...
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