Mass. appellate courts render two wrongful death opinions in attenuated duty and causation

Massachusetts appellate courts have rendered two wrongful death opinions in the last two days, both favoring plaintiffs.

In Dubuque v. Cumberland Farms, Inc. (AC 17-P-266) (June 6, 2018), the Court of Appeals upheld a $20m judgment against the convenience store after inadequate "bollard" protection of a pedestrian who was killed when struck by an out-of-control car.  The opinion includes an interesting discussion on evidence regarding the admissibility of past pedestrian-car collisions arguably similar or distinguishable.

Today in Correa v. Schoeck (SJC 12409), the Supreme Judicial Court reinstated Walgreens pharmacy as a defendant in the tragic death of a 19-year-old who was unable to fill a prescription for life-saving medication.  The prescription was hung up on paperwork somewhere among pharmacy, doctor's office, and insurer.  The court held the pharmacy bound to at least a thin reed of duty in the negligence claim.