Legal Opinion

R.L. Currie Corp. v. E. Coast Sand & Gravel, Inc.

Massachusetts Appeals Court

Decided August 21, 2018No. 17-P-1186PublishedCited by 5 opinions

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

  1. Tarasoff v. Regents of University of CaliforniaCalifornia Supreme Court · 1976
  2. Mullins v. Pine Manor CollegeMassachusetts Supreme Judicial Court · 1983
  3. Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
  4. Jupin v. KaskMassachusetts Supreme Judicial Court · 2006
  5. Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003

15 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Chubb National Insurance Company v. Kagan Development KDC, Corp.District Court, D. Massachusetts · 2021
  2. De Barros v. From You Flower, LLCDistrict Court, D. Rhode Island · 2021
  3. De Barros v. From You Flower, LLCDistrict Court, D. Rhode Island · 2021
  4. Garcia v. SteeleMassachusetts Supreme Judicial Court · 2023
  5. TRUSTEES OF THE BEECHWOOD VILLAGE CONDOMINIUM TRUST v. USALLIANCE FEDERAL CREDIT UNION & others.Massachusetts Appeals Court · 2021

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