The Massachusetts Supreme Court sided with a nightclub leasing space in a wrongful death action after a mother, whose son was shot and killed outside of the club, claimed that granting summary judgment in favor of the nightclub was inappropriate because there was still a dispute over whether it knew or should have known about prior acts of violence at the club, which would have created a duty to protect her son from the risk of violence on the property.
Justice Serges Georges Jr. for the Massachusetts Supreme Court authored the August 16 opinion, which affirmed the granting of summary judgment to UTP Realty, the owner of the nightclub property, finding that “the execution-style shooting of the decedent was not reasonably foreseeable to UTP in its capacity as property owner and landlord, and there was thus no duty on the part of UTP to protect the decedent against this criminal act by a third party.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
