Hughes v. Beta Upsilon Building Ass'n

ROBERTS, Justice.

Plaintiffs Mark and Mary Hughes appeal from a summary judgment entered in the Superior Court (Penobscot County, Smith, J.) in favor of the defendant, Beta Upsilon Building Association, on their complaint for negligent injury to Mark Hughes. The Hugheses contend that there exists a genuine issue of material fact concerning the Association’s ability to control the activities of Mark’s fraternity. Because the power to control does not necessarily create a duty to control, we affirm the judgment.

I

The following facts were developed for the purposes of the defendant’s motion for a…