Foley v. Boston Housing Authority

555 N.E.2d 234 (Cite as: 407 Mass. 640, 555 N.E.2d 234)

Supreme Judicial Court of Massachusetts,

Suffolk.

John FOLEY et al. [FN1] FN1. Michael Foley and Judith A. Foley.

v.

BOSTON HOUSING AUTHORITY et al. [FN2] FN2. City of Boston.

Argued March 8, 1990. Decided June 13, 1990.

Spouse and children of manager of housing project brought suit against municipal housing authority for their loss of spousal and parental consortium as result of injuries that manager sustained when assaulted by fellow employee. The Superior Court, Suffolk County, Charles M. Grabau, J., granted defendants motion for summary judgment, and plaintiffs appealed. The Supreme Judicial Court, Liacos, C.J., held that housing authority was not liable, on theory that it had either assumed or was under some duty to protect manager from third-party assaults, given lack of evidence that assault was foreseeable.

Affirmed.

Leonard F. Zandrow, Jr. (Richard L. Neumeier and B. Deidre Brennan, Boston, Mass., with him), for Boston Housing Authority.

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