MA Top Court Refuses Employer Liability for Drunk Driving Car Accident Causing Injury

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On July 12, 2010 the Massachusetts Supreme Judicial court issued an important decision in Lev v. Beverly-Enterprises Massachusetts, Inc. The Court refused to hold an employer liable for a  Massachusetts employee drunk driving  pedestrian accident which caused serious personal injury to a pedestrian.

The key facts in the case are: The drunk driving criminal was employed as a chef. After work, the employee met a manager from the same company at a bar / restaurant and had drinks. While consuming alcoholic beverages they discussed work issues. After leaving work While driving through the intersection of Washington Street and the on-ramp to Route 128 north in Newton the negligent driver s car struck the plaintiff as he was crossing the street. The plaintiff suffered severe and debilitating injuries.

In a separate case the employee was found guilty of OUI as a result of the Auto/ Car Crash.

The Mass. Supreme Judicial court ruled As we have stated, the general rule under our common law is that there is no duty to control another person s conduct to prevent that person from causing harm to a third party. See Leavitt v. Brockton Hosp., Inc., 454 Mass. 37, 40-41, 907 N.E.2d 213 (2009); Restatement (Second) of Torts, supra at § 315. In the circumstances of this case, we have concluded that Beverly did not owe a common law duty of care to the plaintiff based either on employer-host liability or on a “special relationship” between Beverly and Ahern. As such, a duty of care did not flow from Beverly s substance, drug, and alcohol abuse policy and did not create a cause of action in negligence. Had we concluded that Beverly did owe a duty of care to the plaintiff, then Pacitti s failure strictly to enforce Beverly s policy would constitute evidence of negligence by Pacitti and, therefore, Beverly.

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