Legal Opinion
Fithian v. Zofchak
Court of Appeals for the First Circuit
Decided March 1, 2000No. 99-1898PublishedCited by 21 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In this case, the district court concluded as a matter of law that the risk of a neighbor’s snowblower discharging snow and ice against a dining room window and breaking it, injuring a toddler standing inside, was unforeseeable, and that the homeowners therefore did not breach their duty of reasonable care. The plaintiffs appeal. Finding no evidence of any precaution that either defendant could or should have taken to avoid this unfortunate accident, we affirm.
As the summary judgment standard requires, we recount the facts in the light most hospitable to the non-movants…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
- Mullins v. Pine Manor CollegeMassachusetts Supreme Judicial Court · 1983
- Mounsey v. EllardMassachusetts Supreme Judicial Court · 1973
- Falk v. FinkelmanMassachusetts Supreme Judicial Court · 1929
14 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tobin Ex Rel. L. v. Federal Express Corp.Court of Appeals for the First Circuit · 2014
- McCloskey v. MuellerCourt of Appeals for the First Circuit · 2006
- Gomez v. Stop & Shop Supermarket Co.Court of Appeals for the First Circuit · 2012
- Ross-Simons of Warwick, Inc. v. Baccarat, Inc.Court of Appeals for the First Circuit · 2000
- North American Specialty Insurance v. LapalmeCourt of Appeals for the First Circuit · 2001
16 more not listed; retrieve them via the Exa API.