Sarkisian v. Concept Restaurants, Inc. (Lawyers Weekly No. 10-100-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-11786 ANGELA SARKISIAN vs. CONCEPT RESTAURANTS, INC.[1] Worcester. March 5, 2015. – June 23, 2015. Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ. Negligence, One owning or controlling real estate. Notice. Practice, Civil, Summary judgment. Civil action commenced in the Worcester Division of the District Court Department on July 6, 2010. The case was heard on a motion for summary judgment by Steven E. Thomas, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Karen L. Stern for the plaintiff. Richard L. Neumeier for the defendant. Charlotte E. Glinka, Michael C. Najjar, & Thomas R. Murphy, for Massachusetts Academy of Trial Attorneys, amicus curiae, submitted a brief. John F. Brosnan, for Massachusetts Defense Lawyers Association, amicus curiae, submitted a brief. CORDY, J. In this case we decide whether the “mode of operation” approach to premises liability, adopted by this court in Sheehan v. Roche Bros. Supermkts., Inc., 448 Mass. 780, 788 (2007), applies to slip-and-fall incidents occurring outside of the context of self-service establishments. Traditionally, a plaintiff asserting premises liability has been required to show that the owner of the premises had actual or constructive notice of an unsafe condition that gave rise to an injury for which compensation is sought. See id. at 782-783. Under the mode of operation approach, however, the plaintiff satisfies the notice requirement by showing that the injury was attributable to a reasonably foreseeable unsafe condition related to the owner’s chosen mode of operation. See id. at 786. The plaintiff, Angela Sarkisian, broke her leg after slipping and falling on a wet dance floor at a nightclub owned by the defendant, Concept Restaurants, Inc. A judge in the District Court granted summary judgment in favor of the defendant based on the plaintiff’s inability to show that the defendant had actual or constructive notice of the unsafe condition that caused her injury. We conclude that, on the facts presented by this case, the mode of operation approach applies and summary judgment granted to the defendant must be reversed.[2] 1. Background. We recite the material facts in the light most favorable to the plaintiff, the party who opposed the motion for summary judgment. Augat, Inc. v. Liberty Mut. Ins. Co., 410 Mass. 117, 120 (1991). The defendant […]
Less Restaurants, More Childcare Could Come to Waterfront
The Boston Redevelopment Authority is looking to change a state law designed to protect public access to waterfront buildings to allow the installation of childcare facilities on the ground floor of new waterfront developments. Massachusetts’s Chapter 91 encourages the leasing of ground-level buildings located within 250 feet of the waterfront to restaurants, shops and other businesses that would be open to the public, according to a Boston Business Journal article. That requirement makes it difficult for developers to get state approval for projects that feature daycare services on the ground level, which could serve employees in that building. The BRA’s director for waterfront planning, Richard McGuinness, reportedly testified on the matter before the state legislature earlier this month. But others say daycare uses are already allowed in ground-level waterfront sites, after a complete review by the Department of Environmental Protection, and that changing the state law could encourage future developers to push for additional uses that would further limit public access, the BBJ reported. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Categories: Arrests Tags: Childcare, Come, Could, Less, More, Restaurants, Waterfront
South End Restaurants with Outdoor Seating
Not sure where you can get a drink or a meal outside in the South End? The Boston Business Journal made the decision-making process delightfully easy for you. The BBJ released an interactive data map with the location of (almost) every bar in the Greater Boston area that has outdoor patio seating. On Tremont Street, there’s a huge patio with seating for The Beehive and Hamersly’s Bistro, both top notch dinner spots with the Beehive also carrying a lovely cocktail menu. Further down Tremont is Tremont 647 and Parish Cafe. On Washington Street there’s Toro for small plates and Stella for Italian, and in SoWa, there’s Gaslight and a newly opened patio at Cinquecento. Where do you go to have a drink or a meal outdoors in the South End? Tell us in the comments. South End Patch
Categories: Arrests Tags: Outdoor, Restaurants, Seating, South