In a recent wrongful death action, the Massachusetts Supreme Court ruled in favor of a nightclub that was leasing space. A mother, grieving the loss of her son who was shot and killed outside the club, had contended that the court’s earlier summary judgment for the club was inappropriate. She claimed there was a dispute as to whether the club knew or should have been aware of previous violent incidents, which, if proven, would have created a duty to protect her son from potential violence.
However, Justice Serges Georges Jr., writing for the Massachusetts Supreme Court, upheld the granting of summary judgment to UTP Realty, the owner of the nightclub property. The August 16 opinion emphasized that “the execution-style shooting of the decedent was not reasonably foreseeable to UTP in its capacity as property owner and landlord, and there was thus no duty on the part of UTP to protect the decedent against this criminal act by a third party.”
The full article can be accessed for additional details, though it should be noted that it requires subscription: Massachusetts High Courts Sides With Night Club in Wrongful Death Suit, Finding the Club Didn’t Owe Any Duty.