Court: Massachusetts Supreme Judicial Court
Opinion Date: June 7, 2021
Areas of Law: Personal Injury
The Supreme Judicial Court affirmed the order of the superior court judge granting Defendant’s motion to dismiss this wrongful death action, holding that Plaintiff failed to demonstrate that the duty Defendant owed to the decedent in this case extended to protecting him from injury caused by a third party.
Plaintiff was the mother of Keivan Heath, who was shot and killed at a house party by an unidentified shooter. Plaintiff, as the personal representative of the decedent’s estate, sued Defendant, the property owner who had rented the house for the party, for wrongful death. The superior court dismissed the action. The Supreme Judicial Court affirmed, holding that the complaint did not plausibly suggest either that Defendant owed a legal duty to the decedent by virtue of his property ownership or that Defendant voluntarily assumed such a duty.
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