R.L. Currie Corp. v. E. Coast Sand & Gravel, Inc.
Massachusetts Appeals Court
1Opinion of the CourtWendlandt, J.
*782This case presents the issue whether the defendant (having left heavy-duty equipment unlocked, unattended, and running idle with keys in the ignition on a lot shared with the plaintiff) has a duty of care to the plaintiff whose property was damaged by an unauthorized third-party user of the equipment. Concluding that the unauthorized use was not reasonably foreseeable, a Superior Court judge granted summary judgment in favor of the defendant on the plaintiff's claim for negligence.1 We reverse.
*783Background. We summarize the undisputed facts in the light most favorable to the plaintiff, the…
2Cases cited20 opinions
- Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
- Mullins v. Pine Manor CollegeMassachusetts Supreme Judicial Court · 1983
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Jupin v. KaskMassachusetts Supreme Judicial Court · 2006
- Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003
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