Gauvin v. Clark

At issue is what standard of care participants in an athletic event owe one another. The plaintiff, Robert J. Gauvin, appeals from the Superior Court judgment entered in favor of the defendant, Richard Clark, as a result of special questions put to the jury. See Mass. R. Civ. P. 49 (a), 365 Mass. 812 (1974). After the judge entered judgment, the plaintiff moved for a new trial or to alter and amend the judgment. The judge denied that motion because the jury concluded that Clark did not act wilfully, wantonly, or recklessly. The plaintiff appealed. On our own initiative, we transferred the…