X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Michael A. Ponsor, U.S. District Judge]

In the early morning hours of August 22, 1996, plaintiff-appellant Caroline Wilson injured herself in a fall down a darkened flight of steps in the home of defendant-appellee Pauline Copen. Wilson subsequently brought this diversity action against Copen and Copen’s liability insurer, defendant-appellee Valley Forge Insurance Co. (“Valley Forge”). The complaint alleged that Copen was negligent in failing to warn Wilson of unusual conditions – a narrow landing at the top of the stairs and a hidden light switch – that caused her to fall in the darkness. The complaint further alleged that Valley Forge engaged in unfair claim settlement practices when Wilson sought compensation for her injuries. See Mass Gen. Laws. chs. 93A & 176D, � 3. Following the close of discovery, Copen moved for summary judgment, which the district court granted on alternative grounds: that Copen owed Wilson no duty to warn, and that Wilson was more than 50% comparatively negligent. See Mass. Gen. Laws ch. 231, � 85. Because Copen was not liable, the court also awarded judgment to Valley Forge. Wilson appeals, contending that the court erred in concluding that no reasonable jury could find Copen liable. We agree and therefore vacate and remand.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

New Jersey Legal Awards (NJLA) 2022

September 29, 2022
Florham Park, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More

New York Legal Awards 2022 (NYLA)

October 06, 2022
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More

Women, Influence & Power in Law Awards (WIPLA) 2022

October 18, 2022
Washington, DC

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Assistant General Counsel


An international multibillion-dollar manufacturing company in Tampa is seeking an Associate General Counsel to handle a variety of the compa...


Apply Now ›

Tax and T&E Attorney


The Tampa office of a highly-regarded regional law firm is seeking to add depth to their strong transactional team by adding experienced tax...


Apply Now ›

CORPORATE ATTORNEYS - REMOTE, CT


Shipman is seeking two attorneys, one with 4-6 years of experience and one with 8+ years of experience, to join our corporate and transactio...


Apply Now ›

SCHULTEN WARD TURNER & WEISS, LLP

09/21/2022
DR Web

Schulten Ward Turner & Weiss, LLP is pleased to announce that John Gracia has joined the firm as a partner.


View Announcement ›

WISNIEWSKI & ASSOCIATES

09/12/2022
NJLJ Web

WISNIEWSKI & ASSOCIATES LLC Takes pleasure in announcing that Civil Litigator DOUGLAS R. D ANTONIO has become a Partner of the Firm.


View Announcement ›

SCHULTEN WARD TURNER & WEISS, LLP

09/06/2022
DBR Web

Schulten Ward Turner & Weiss, LLP would like to announce that...


View Announcement ›