Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM 355 Mass. 718, 247 N.E.2d 350 (1969) Case Brief

Copyright 2007 Thomson Delmar Learning.All Rights Reserved.

GOGGIN v. NEW STATE BALLROOM355 Mass. 718, 247 N.E.2d 350 (1969)

Case Brief


GOGGIN v. NEW STATE BALLROOM

• PURPOSE: Attribution of fault in tort.



• CAUSE OF ACTION: Negligence.



• FACTS: On March 17, 1960 (St. Patrick’s Day, a holiday of great revelry in Boston), the plaintiff, accompanied by a lady companion, entered the New State Ballroom in Boston at approximately 8:45 p.m. The ballroom was very crowded with vigorous dancing and plaintiff, a regular patron, was pushed to the floor and hit his head.



• ISSUE: Whether a business enterprise is liable for the intentional torts of third-parties on its premises.



• HOLDING: No liability in this case.



• REASONING: The liability of the ballroom must arise from its knowledge, or the fact that it should have known of or anticipated, in the exercise of reasonable care, the disorderly or rowdy actions of third persons which might lead to injury to the plaintiff. . . . Where conditions existing at the time of the accident are open and obvious to any person of ordinary intelligence, the defendant is under no duty to warn the plaintiff.

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Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM 355 Mass. 718, 247 N.E.2d 350 (1969) Case Brief