Pedestrian AccidentMassachusetts Appellate Court Upholds Summary Judgment for Defendants in Fatal Pedestrian Accident Case Involving a Minor

December 23, 20190

Car accidents can come in many different types and varieties including truck accidents, drunk driving accidents, and distracted driving accidents. A particularly devastating type of collision, however, is a pedestrian accident. This involves situations in which a motor vehicle collides with a pedestrian usually resulting in devastating injuries or even fatalities in some severe situations. If you or a loved one was harmed as the result of a careless driver’s actions while walking as a pedestrian in a crosswalk, sidewalk, or another area, contact our Boston pedestrian accident lawyers as soon as possible to start learning about your potential right to recovery.

In a recent case, the Massachusetts Court of Appeal considered a plaintiff’s appeal from a lower court’s decision to grant summary judgment in favor of defendants in a pedestrian accident where an 11-year-old boy was killed. The decedent was walking from a park when he attempted to cross a street to get to a local fast food restaurant. He was hit and killed by a car driven by a man who was then charged with criminal counts related to the death.

The decedent’s parents brought an action against a group of defendants who had contracted with the city to provide architectural services and to oversee the construction of a new school opposite from the park. The plans featured walkways leading to the street. The defendants retained a company to conduct a traffic analysis for the project. The plaintiffs alleged wrongful death, negligence, and negligent infliction of emotional distress. The lower court granted the defendants’ motion for summary judgment finding that the defendants were not liable for the decedent’s death.


The plaintiffs appealed. On review, the appellate court agreed that the defendants did not owe the decedent a duty of care on several grounds including the basis that the decedent was not the intended beneficiary of the contract between the city and the construction entities building the new school. The court also concluded that the defendants did not owe a duty to the decedent on the basis of public policy either. Even if there was some duty between the construction entities and the decedent, the appellate court concluded that dismissal of the claims against them was still appropriate. Ultimately, the driver’s conduct was the intervening and superseding cause of the decedent’s unfortunate death. Based on this, the appellate court upheld the lower court’s grant of summary judgment in the defendants’ favor.

If you or someone you love was injured in a pedestrian accident, then you may be entitled to compensation from the persons responsible for the crash. Pedestrian accidents can cause serious injuries like broken bones, traumatic brain injuries, and permanent disabilities. It is critical for you to ensure that you have enough compensation to cover your past and future estimated medical expenses as well as any other expenses associated with the accident. Call the Mass Injury Group today to set up a free consultation with our legal team to learn more about whether you may be entitled to compensation: 617-263-0060 or contact us online to get started.

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