Ryba v. Lalancette, No. CIV.A. 03-40210-FDS.

• Decision Date: 01 March 2006
• Docket Number: No. CIV.A. 03-40210-FDS.
• Citation: 417 F.Supp.2d 199
• Parties: Peter RYBA, Plaintiff, v. Eugene LaLANCETTE, Ruth La-Lancette, and Mark LaLancette, Defendants.
• Court: U.S. District Court — District of Massachusetts

417 F.Supp.2d 199

Peter RYBA, Plaintiff, v. Eugene LaLANCETTE, Ruth La-Lancette, and Mark LaLancette, Defendants.

No. CIV.A. 03-40210-FDS.

United States District Court, D. Massachusetts.

March 1, 2006.

COPYRIGHT MATERIAL OMITTED

Kathleen R. Daigneault, Law Office of Kathleen, Reynolds Daigneault, Leominster, MA, for Peter Ryba, Plaintiff.

Mark A. Darling, Litchfield Cavo, LLP, Lynnfield, MA, for Mark La Lancette, Defendant.

Peter A. Palmer, Fuller, Rosenberg, Palmer & Beliveau, Worcester, MA, for Eugene La Lancette, Ruth La Lancette, Defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

SAYLOR, District Judge.

This is an action in negligence arising out of the collapse of a scaffolding at a private home. Jurisdiction is based on diversity of citizenship.

Plaintiff Peter Ryba was injured while helping to install a new roof on the summer home of defendant Eugene LaLancette, who was then his father-in-law. Defendant Mark LaLancette, Eugene's son, was also working on the project, together with other family members. While Ryba was mounting an aluminum ladder that was part of the scaffolding, the ladder gave way, causing the scaffolding to collapse. Ryba suffered multiple broken bones and other injuries as a result.

Defendants have moved for summary judgment on the grounds that plaintiff does not identify any breach of duty by any of them, and that in any event they owed no duty to Ryba. Defendants are correct that plaintiff has submitted no evidence of any breach of duty—or indeed articulated any factual theory as to how the accident occurred, or what defendants did or did not do that might have caused it.

The claim can survive, if at all, only under a theory of res ipso loquitur. Ryba has put forward sufficient evidence for the claim to survive summary judgment on the first element of that theory; the collapse of a scaffolding is not something that ordinarily occurs in the absence of negligence. Nonetheless, Ryba has failed either to eliminate the conduct of himself or third parties as the cause of the accident or to establish that the alleged negligence fell within the scope of any defendant's duty to him. Accordingly, defendants' motion for summary judgment will be granted.

I. Factual Background

Defendants Eugene and Ruth LaLancette own a summer home in Rindge, New Hampshire. On the afternoon of September 16, 2000, both Eugene and Ruth were present at the property, as were their four children—Mark LaLancette, David La-Lancette, Katherine Shoemaker, and Michelle Ryba—and their sons-in-law, Mark Shoemaker and plaintiff Peter Ryba.

Apparently some combination of LaLancette family members had decided, at some prior point, to put a new roof on the summer home. (Ryba Interrog. Ans. 4; Mark LaLancette Dep. at 26). There is no evidence as to how the group came together, or exactly what each person agreed to do.¹ Family members had previously worked on construction projects together, including putting a new roof on an addition at the home of Mark LaLancette. (Eugene LaLancette Dep. at 57; Mark La-Lancette Dep. at 63-67).

Mark LaLancette had prior experience as a professional building contractor, including experience with roofing; his brother-in-law, Mark Shoemaker, had worked with him in that business. (Mark LaLancette Dep. at 7-8). Nonetheless, all witnesses (including Ryba) testified that no person was or appeared to be in charge of the project, and all worked together cooperatively. (Ryba Dep. at 95-97; Mark LaLancette Dep. at 66-67; Ruth LaLancette Dep. at 51-52). There is no evidence that any family members contributed any money to the project (other than Eugene, who purchased the roofing materials) or were compensated in any way. (Eugene LaLancette Dep. at 23).

Scaffolding was erected for the purpose of removing the old roof and installing the new one. Mark LaLancette testified that he does not remember who set up the scaffolding or even whether he participated in its erection. (Mark LaLancette Dep. at 31-33). Eugene testified that the scaffolding was put up by all of the people involved in doing the work, but could not identify any specific individual. (Eugene LaLancette Dep. at 19, 57).² It is undisputed, however, that Ryba was not involved in the erection of the scaffolding. (See Ryba Dep. at 47; Mark LaLancette Dep. at 32).

The scaffolding consisted of three extension ladders, an aluminum system of brackets or "ladder staging," and wooden planks. (Ryba Dep. at 47, 51-52; Mark LaLancette Dep. at 26-31).³ The three ladders were leaning against the house, with the planks running between them. The left- and right-hand ladders were made of aluminum, and the middle ladder was made of fiberglass. (Ryba Dep. at 58; Mark LaLancette Dep. at 27).⁴

Eugene owned and provided the two aluminum ladders supporting either side of the scaffolding. (Mark LaLancette Dep. at 27). The left-hand aluminum ladder, which was the one that collapsed, was twelve feet long. Eugene acquired the ladder from his deceased aunt, who had acquired it after her husband's death. (Eugene LaLancette Dep. at 17-18).

There is no evidence as to who provided the planks or the metal support system. (See id. at 19-22). It is undisputed, however, that Ryba did not provide any materials for the scaffolding.

Ryba apparently was not present at the beginning of the roofing project. He came to the house, however, on the afternoon of September 16 to help with the project. Prior to his arrival, Ryba had consumed alcohol; his best memory is that he drank four light beers and two to three mixed drinks. (Ryba Dep. at 38-40).⁵

Just prior to the accident, three men— Mark LaLancette, David LaLancette, and Mark Shoemaker—were on the scaffolding working on the roof. (Id. at 52; Mark LaLancette Dep. at 35).⁶ At some point, Ryba came out "and asked the guys what they wanted me to do." (Ryba Interrog. Ans. 11). Ryba was initially asked to help pick up the debris on the ground from the removal of the old roof, which he did for a period of time. (Ryba Dep. at 46-47). At some point, one of the three men on the scaffolding—Ryba does not recall whom— asked him to bring roofing materials up the ladder to the scaffolding. (Id. at 49, 96-97; Ryba Interrog. Ans. 11).

Ryba made two trips up the ladder without incident. In both instances, he went up the left-hand aluminum ladder. (Ryba Dep. at 52-53). On the first trip, he carried a roll of tar paper weighing about 20 or 25 pounds, which he handed to Mark Shoemaker on the scaffolding. (Id. at 53-54). At the time, Ryba weighed about 225 pounds. (Id. at 40). On the second trip, he carried a half bundle of shingles weighing about 50 pounds on his right shoulder. (Id. at 55-58). During his first and second trips up the ladder, Ryba did not notice anything unsafe about the ladder. (Id. at 53-59). In between his trips up the ladder, Ryba continued to pick up debris. (Id. at 55, 60).

On his third trip, he carried another half bundle of shingles, again weighing about 50 pounds, on his right shoulder. (Id. at 60-62). He does not remember who asked him to bring up the shingles. (Id. at 60-61). As Ryba stepped onto the third or fourth rung, the ladder collapsed inward toward the house, causing him to fall to the ground. (Id. at 62-63). He fractured several bones in his left hand as a result of the initial impact. (Ryba Interrog. Ans. 4). The buckling of the ladder caused the scaffolding to collapse upon Ryba, fracturing his tibia and fibula. (Id.). Finally, Mark LaLancette and Mark Shoemaker fell from the scaffolding and landed on top of him, fracturing his femur. (Id.).

Ryba was taken to Health Alliance Hospital in Leominster, Massachusetts, and later transferred to UMass-Memorial Medical Center in Worcester, Massachusetts. (Ryba Interrog. Ans. 17). He also sustained post-operative injuries, including a pulmonary edema and aspiration pneumonia. (Id. Ans. 16).

The ladder that buckled was discarded by Mark LaLancette approximately a week after the accident, apparently before anyone was aware that Ryba intended to bring a lawsuit. (Ryba Dep. at 104, 107; Eugene LaLancette Dep. at 59). It was never inspected by any expert of any kind.

Ryba testified during his deposition that he was not aware of anything that Eugene or Mark LaLancette did, or did not do, that caused or contributed to the collapse. (Ryba Dep. at 67, 104). Ryba does not intend to call any expert witnesses of any kind as to the reason for the failure of the ladder.

II. Analysis

The complaint asserts two counts of negligence, one each against Eugene and Mark LaLancette.⁷ To maintain a cause of action for negligence in Massachusetts, a plaintiff must prove the following elements by a preponderance of the evidence: (1) a legal duty owed by a defendant to the plaintiff; (2) a breach of that duty by the defendant; (3) proof that the breach was the proximate cause of the plaintiff's injuries; and (4) actual damage or injury. Heinrich v. Sweet, 308 F.3d 48, 62-63 (1st Cir.2002) (citing Jorgensen v. Massachusetts Port Auth., 905 F.2d 515, 522 (1st Cir.1990)). Proof of the mere occurrence of an accident, without more, is not sufficient proof of negligence. Osborne v. Hemingway Transport, Inc., 28 Mass.App. Ct. 944, 945, 550 N.E.2d 403 (1990).

There is no dispute that the scaffolding collapsed and that plaintiff was injured as a result. There is also no dispute that some combination of LaLancette family members, including Mark, erected the scaffolding, and that Eugene supplied the ladder that collapsed. Beyond that, however, plaintiff's proof is sparse in the extreme. Plaintiff has put forth no evidence that the ladder or other scaffolding materials were defective; that they carried inadequate warnings; that the scaffolding was improperly assembled; or that the scaffolding was improperly overloaded. Indeed, he has proffered no theory as to anything that the defendants did, or did not do, that constituted a breach of any kind of a duty to...