skip to Main Content

WRONGFUL DEATH: Superior Court holds homeowner owed no duty to plaintiff’s decedent

WRONGFUL DEATH: Superior Court Holds Homeowner Owed No Duty To Plaintiff’s Decedent

The plaintiff’s decedent died of an overdose after he was invited to the defendant homeowner’s home by the co-defendant roommate to consume drugs on the premises.  The homeowner was at work at the time of the decedent’s death.

The plaintiff brought a wrongful death action against the homeowner, alleging that the homeowner was the “husband, boyfriend and/or friend” of the roommate and that she owed a duty to warn the plaintiff’s decedent of dangerous drugs on the premises.

The Court granted the homeowner’s motion for summary judgment, holding that she owed no duty to the decedent because a defendant is not required to take precautions against hazards that are too remote to be foreseeable and none of the relationships alleged would impose a duty on the homeowner to protect third persons from the roommate’s conduct.

Goody v. Bedard, No. CV 17-6030244 (10/03/2018)