Legal Opinion
Roe v. LAWN AETNA CASUALTY & SURETY CO.
Massachusetts Supreme Judicial Court
Decided June 9, 1994PublishedCited by 17 opinions
1Opinion of the CourtAbrams, J.
At issue is whether a sexual assault occurring within a vehicle owned and operated by a common passenger carrier and committed by an employee of that carrier on a passenger should be deemed to have arisen out of the “ownership, maintenance or use” of that vehicle.
1. Background. The plaintiff, a minor and a special needs student, alleges that she was sexually assaulted by Edward J. Lawn, the driver of a school bus owned by Braintree Town Taxi, Inc. (Town Taxi). The plaintiff commenced this action by suing Town Taxi for breach of its nondelegable duty as a common carrier to ensure passenger…
2Cases cited15 opinions
- Dotts v. Taressa J.A.West Virginia Supreme Court · 1990
- Hathaway v. Checker Taxi Co.Massachusetts Supreme Judicial Court · 1947
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Green Bus Lines, Inc. v. Ocean Accident & Guaranty Corp.New York Court of Appeals · 1942
- Huntington Cab Co. v. American Fidelity & Casualty Co.Court of Appeals for the Fourth Circuit · 1946
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brazas Sporting Arms, Inc. v. American Empire Surplus Lines InsuranceCourt of Appeals for the First Circuit · 2000
- Ruggerio Ambulance Service, Inc. v. National Grange Mutual InsuranceMassachusetts Supreme Judicial Court · 2000
- Rischitelli v. Safety InsuranceMassachusetts Supreme Judicial Court · 1996
- Commerce Insurance v. Ultimate Livery Service, Inc.Massachusetts Supreme Judicial Court · 2008
- Doe v. State Farm Fire & Casualty Co.District Court, E.D. Virginia · 1995
12 more not listed; retrieve them via the Exa API.