July 18, 2019–MG+M’s Jeff McLucas successfully defended the summary judgment dismissal of a wrongful death civil case stemming from the shooting, and ultimate death, of a drive-by shooting victim in Boston that occurred on a public sidewalk adjacent to a housing development. Holloway v. Madison Trinity Limited Partnership, 2019 WL 3227215, Appeals Court of Massachusetts No. 18-P-1323 (July 18, 2019).
The decedent was shot by unidentified individuals who were never apprehended, initially paralyzed and eventually passed away from complications stemming from her injuries. The Plaintiff brought negligence claims against the operator and manager of the adjacent housing development claiming that the Defendants failed to provide adequate security in the area or to warn her about the dangers presented by criminal activity in the neighborhood. Massachusetts Superior Court Justice Paul Wilson granted summary judgment in favor of the Defendants finding that there was no legally actionable duty of care running from the Defendants to the decedent in the circumstances presented by the case. MG+M successfully defended the appeal of the dismissal.
The subject shooting incident occurred on a public street and sidewalk adjacent in the neighborhood known as Orchard Gardens which was previously operated as a public housing project by the Boston Housing Authority (BHA) and known as Orchard Park. The neighborhood was substantially redeveloped in the late 1990s and subsequently operated by the Defendants pursuant to an agreement with the BHA. Orchard Park was plagued by widespread drug trafficking and violence which persisted after the neighborhood was developed into Orchard Gardens.