Johnson v. Chateau De Ville, Inc.
| Decision Date | 31 July 1985 |
| Citation | 479 N.E.2d 698,20 Mass.App.Ct. 933 |
| Parties | Linda Anne JOHNSON v. CHATEAU De VILLE, INC. |
| Court | Appeals Court of Massachusetts |
Robert E. Fox, Newton, for plaintiff.
James E. Grumbach, D. Alice Olsen and Robert M. Raciti, Boston, for defendant.
Before DREBEN, KAPLAN and KASS, JJ.
RESCRIPT.
The plaintiff's complaint, taken together with her answers to interrogatories, alleges, among other things, that the entrance to the defendant's parking lot was negligently designed thereby creating an unreasonable risk of peril to invited guests. The accident occurred in the breakdown lane of a public highway. The vehicle in which the plaintiff was a passenger was making a left turn toward the entrance of the defendant's parking lot when it was hit on its right hand side by an oncoming car. The defendant's motion for summary judgment was allowed, and a judgment for the defendant entered. 1
The defendant claims the judgment was correct because the defendant owes no duty of care to the plaintiff "with respect to traffic conditions" on a public highway. The defendant's argument misses the point. While the defendant has no duty as to traffic conditions on the highway, there may, in the circumstances, be a duty to design the entrance in such a way as to take those conditions into account.
The defendant also argues that the plaintiff has presented no fact to the motion judge showing the existence of a defective condition for which the defendant is responsible. Again, the defendant misconceives the issue. As the moving party, it has not met its burden of Attorney Gen. v. Bailey, 386 Mass. 367, 371, 436 N.E.2d 139 (1982), quoting from Mack v. Cape Elizabeth Sch. Bd., 553 F.2d 720, 722 (1st Cir.1977). Berrios v. Perchik, ante, 20 Mass.App. 930, 479 N.E.2d 695, (1985). See also Appleby v. Daily Hampshire Gazette, 395 Mass. 32, 37, 478 N.E.2d 721 (1985), and Foley v. Matulewicz, 17 Mass.App.Ct. 1004, 1005, 459 N.E.2d 1262 (1984), as to the scope of summary judgment in a negligence action.
The judgment is reversed, and the case is remanded to the Superior Court for further proceedings consistent with this opinion.
So ordered.
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...leaving the premises of a tavern, was raped by individuals having no connection to the tavern). Cf. Johnson v. Chateau De Ville, Inc., 20 Mass.App.Ct. 933, 933, 479 N.E.2d 698 (1985) (while the duty of care does not extend to traffic conditions on a public highway, there may in the circumst......
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...302 (1981). See also Banks v. Hyatt Corp., 722 F.2d 214 (5th Cir.1984) (applying Louisiana law). Compare Johnson v. Chateau De Ville, Inc., 20 Mass.App. 933, 479 N.E.2d 698 (1985). Compare also Andruskevics v. President & Fellows of Harvard College, 13 Mass.App. 941, 430 N.E.2d 1241 (1982).......
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