finding, even in the absence of privity, the following statement of law legally adequate: “each of the subcontractors had a duty to use reasonable care in the performance of his duties and an obligation to perform the duties in a diligent and workmanlike manner”
How later courts described this case
- finding, even in the absence of privity, the following statement of law legally adequate: “each of the subcontractors had a duty to use reasonable care in the performance of his duties and an obligation to perform the duties in a diligent and workmanlike manner”
- holding that snow removal in a hospital's parking lot directly accomplished the subject charitable purpose
- holding that clearing snow so that the public may seek medical services is a charitable purpose
- “The two considerations [(i.e., ’accomplished directly’ and ’primarily commercial’
Written by the judges who cited it.
Distinguished
Distinguished by Lawrence v. UMass Memorial Medical Center, 23 Mass. L. Rptr. 543 (2008)
The plaintiffs claim that Connors is inapplicable here because in that case the defendant owner-hospital leased the property to a condominium association, but retained use of the parking lot for its employees and patrons.
The opinion
Ireland, J.
(concurring). I agree that our result in this case is mandated by G. L. c. 231, § 85K, but as I have written before, I am concerned when statutes are used to shield responsible parties from liability. See Barnett v. Lynn, 433 Mass. 662, 667-668 (2001) (Ireland, J., concurring); Brum v. Dartmouth, 428 Mass. 684, 708 (1999) (Ireland, J., concurring). I disagree, however, with the court’s contention that § 85K fairly “balances” the interests of the charitable organization against those of the injured citizen. Ante at 473. The statute is not only monetarily outdated, but also fails to recognize the evolving roles of traditionally charitable institutions. See Keene v. Brigham & Women’s Hosp., Inc., ante 223, 246-247 (2003) (Ireland, J., dissenting) (majority of jurisdictions recognize abrogation of liability in certain fields no longer makes sense). I call on the Legislature to address this problem.