Holloway v. Madison Trinity Ltd.
Holloway v. Madison Trinity Ltd.
Opinion of the Court
*628While sitting on her parked motor scooter on a public sidewalk in the Roxbury section of Boston, Detra Holloway *629was the victim of a drive-by shooting. She became paralyzed from her injuries and eventually died from complications related to them. Those responsible for the shooting were never identified or apprehended.
Holloway brought negligence claims against Madison Trinity Limited Partnership and Trinity Management, LLC, the entities that operated the housing development adjacent to the site of the shooting. She claimed that the defendants caused her injuries by failing both to provide adequate security in the area and to warn her about the dangers there. On summary judgment, a Superior Court judge ruled in the defendants' favor, agreeing that, as a matter of law, they owed no such duties to the decedent in the circumstances of this case. We affirm.
Background.
The area in question was once the site of Orchard Park, a public housing project owned by the Boston Housing Authority (BHA). Orchard Park was plagued with widespread drug trafficking and violence, and it became "synonymous with crime." In an effort to ameliorate this, the BHA in 1996 leased the property to defendant Madison Trinity Limited Partnership, with a separate entity, defendant Trinity Management, LLC, created to operate the development (collectively, Trinity). Under the lease and related documents, Trinity agreed to undertake a significant redevelopment of Orchard Park, which was renamed Orchard Gardens. Trinity redesigned the development into townhouse-style apartments that had direct access to the sidewalk and added more green spaces. As part of the redevelopment plan, *196new public streets, owned by the city of Boston, were constructed within Orchard Gardens. Among those streets was Wheatley Way.
Despite this overhaul, crime persisted in Orchard Gardens and, in 2001, Trinity decided to hire a private security company to patrol the neighborhood. As part of the security detail, two security officers were assigned to patrol the housing development, particularly in areas where crime was most prevalent, for specified hourly shifts three to seven days per week. The Boston Police *630Department designated these security officers as "special officers" authorized to make arrests on Orchard Gardens' property. Such arrest authority did not extend to the public streets or sidewalks. Trinity also evidently posted "No Trespassing" signs on the sides of some of its buildings, and installed a surveillance camera near its on-site office.
The shooting. On June 19, 2013, at approximately 11:00 P.M. , the decedent was driving home from a friend's house on her scooter. She decided to go down Wheatley Way as a short cut. Although the decedent had been planning to go straight home, she encountered someone she knew who was standing on the street near the Orchard Gardens townhouse located at 12 Wheatley Way.
Discussion. 1. Standard of review. "We review a grant of summary judgment de novo." Merrimack College v. KPMG LLP,
2. Merits. In order to succeed on her negligence claims, the plaintiff must first establish that the defendants owed the decedent a duty of reasonable care. See Jupin v. Kask,
A property owner generally "owes a common-law duty of reasonable care to all persons lawfully on the premises."
*197O'Sullivan v. Shaw,
A landowner's duty to protect people from criminal or otherwise wrongful acts committed by third parties typically is found only where there is a "special relationship" between the injured party and the landowner. Luoni v. Berube,
In addition, at no point during the shooting incident was the decedent on property leased or managed by Trinity. Instead, the decedent was at all relevant times a member of the public using a public way owned by the city of Boston. It is well established that "a landowner or possessor typically is not held to any duty with respect to public highways adjacent to or crossing his land." Davis v. Westwood Group,
*632The plaintiff points out that ownership of property is not always a prerequisite to a duty; the right to control land on which an injury occurred can be enough. See Davis,
A similar argument was made and rejected in Davis. There, the plaintiff was struck by a car while crossing a State highway adjacent to a privately owned racetrack. See id. at 740,
The factors that the plaintiff claims "raise a question of [Trinity's] control" over the public sidewalk at Orchard Gardens are no stronger than those at issue in Davis. While the security officers that Trinity hired used Wheatley Way and other public streets to patrol Orchard Gardens, they had no arrest powers there. In fact, as the judge observed, they "had no more authority than any other private citizen when on Wheatley Way." As a matter of law, the city of Boston retained control over Wheatley Way. See
The plaintiff also seeks support from the long-recognized principle that a defendant voluntarily may assume a duty of care. See id. at 746,
The plaintiff's claim that Trinity owed a duty to warn the decedent of the dangers within Orchard Gardens fares no better. See Halbach,
Lastly, we address the principal case on which the plaintiff relies, Cohen v. Elephant Rock Beach Club, Inc. (Elephant Rock ),
Putting aside that Elephant Rock has no binding precedential *634value on us, that case readily is distinguishable. The club there knew that its beach served as a "portal" to the rock. There was evidence in the summary judgment record that the club voluntarily had taken on an active role in encouraging or discouraging its members and guests to use the rock depending on the particular dangers that the club perceived at a given time (based on weather and water conditions).
For these reasons, we conclude that the judge properly allowed Trinity's motion for summary judgment
So ordered.
We view the facts in the light most favorable to the plaintiff, the nonmoving party. Augat, Inc. v. Liberty Mut. Ins. Co.,
The decedent herself did not live in Orchard Gardens. The friend did live there, although not at 12 Wheatley Way.
Although the plaintiff argues that, in various respects, Trinity could have done a more effective job making the area more secure, she does not argue that Trinity's providing security made the area less safe. There are suggestions in the plaintiff's brief that the specific layout of the buildings in, and the public streets running through, Orchard Gardens created dangers, and that Trinity played a major role in that design. However, the plaintiff's complaint does not encompass any negligent design claim. We need not reach Trinity's additional argument -- to which the plaintiff did not respond -- that the statute of repose applicable to negligent design claims in any event long since has run. See G. L. c. 260, § 2B.
In support of this argument, the plaintiff points out that -- in a deposition in a different case -- an employee of Trinity drew the outer boundary of Orchard Gardens to include the new public streets constructed there. The fact that, for some purposes, a public street might lie within the geographical boundaries of a private development does not mean the developer thereby has a legal duty to police that street. Nor is it unusual for there to be a public way lying within the boundaries of what otherwise might be considered a private development; indeed, this situation commonly arises in the development of suburban subdivisions where access roads are constructed and then dedicated as public ways.
The judge ruled in Trinity's favor on January 5, 2018, and final judgment entered on January 12, 2018. Subsequently, the plaintiff moved for reconsideration, largely repeating the same arguments she already had made. She also sought to reopen the summary judgment record by adding a deposition transcript produced in a parallel civil case, and a police affidavit submitted in a Federal criminal case. The judge denied both postjudgment motions. With respect to the motion to reopen the summary judgment record, the judge noted that the plaintiff conceded that she was aware of the "new" evidence in November of 2017 (that is, weeks before the judge ruled on the pending motion for summary judgment). With respect to the motion for reconsideration, the judge observed that the plaintiff had "already received a written, reasoned explanation" of the ruling on summary judgment and had failed to meet the standards for reconsideration. See Audubon Hill S. Condominium Ass'n v. Community Ass'n Underwriters of Am., Inc.,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.