Nunez v. Carrabba's Italian Grill, Inc.

In this summary judgment action now before us on direct appellate review, we answer the following question left open in Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (1996). What is the legal responsibility of a licensed commercial *171establishment for injuries sustained by an adult, but underage, patron2 as a consequence of that establishment’s furnishing alcoholic beverages to such patron? We conclude that in a civil action against the licensed commercial establishment, the injured plaintiff need not prove wilful, wanton, or reckless conduct on the part of the establishment, but may…