956 N.E.2d 1247
Mass. App. Ct.2011Background
- Lindor sued McDonald’s in Massachusetts Superior Court after a 2007 slip on an icy sidewalk near a McDonald’s restaurant.
- McDonald’s moved for summary judgment contending that the ice was a natural accumulation and not actionable under Massachusetts law as applied at the time.
- Lindor filed no opposition; the judge allowed the motion in a marginal notation dated July 22, 2010, with the judgment entered July 28, 2010.
- Before or around that time, the Massachusetts Supreme Judicial Court issued Papadopoulos v. Target Corp., which rejected a natural/unnatural distinction and adopted a reasonable-care standard for winter conditions.
- The Papadopoulos decision announced retroactivity, and the court noted that the retroactivity did not revive actions concluded by judgment or settlement; Lindor’s action, however, had not yet entered a final judgment at the time Papadopoulos was decided.
- The appellate court held that Papadopoulos applies to Lindor’s case as there is a genuine issue of material fact about McDonald’s knowledge and remediation efforts under the new standard and accordingly vacated the judgment and remanded for proceedings consistent with Papadopoulos.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactivity of Papadopoulos to this case | Lindor contends Papadopoulos applies to her case. | McDonald’s argues the new rule does not apply to claims concluded by judgment. | Papadopoulos applies retroactively. |
| Genuine issue of material fact under Papadopoulos standard | There is evidence McDonald’s knew or should have known of dangerous ice and failed to take reasonable steps. | The record does not clearly show knowledge or reasonable remediation. | There is a genuine issue of material fact; judgment vacated and remanded. |
| Effect of marginal judgment entry on finality | N/A | N/A | Not necessary to decide separately in view of retroactivity ruling and merits remand. |
Key Cases Cited
- Papadopoulos v. Target Corp., 457 Mass. 368 (Mass. 2010) (adopts reasonable-care standard for winter conditions; retroactivity discussed)
- Barrasso v. Hillview W. Condominium Trust, 74 Mass. App. Ct. 135 (Mass. App. Ct. 2009) (recognizes traditional approach to ice-related liability)
- Vassallo v. Baxter Healthcare Corp., 428 Mass. 1 (Mass. 1998) (normal retroactivity framework for changes in law)
- Galvin v. Welsh M.G. Co., 382 Mass. 340 (Mass. 1981) (retroactivity considerations for appellate developments)
- Fleming v. Shaheen Bros., 71 Mass. App. Ct. 223 (Mass. App. Ct. 2008) (case discussing judgment entry timing)
- Siebe, Inc. v. Louis M. Gerson Co., 74 Mass. App. Ct. 544 (Mass. App. Ct. 2009) (standard for reviewing summary judgment de novo)
- Davidson Pipe Supply Co. v. Johnson, 14 Mass. App. Ct. 518 (Mass. App. Ct. 1982) (burden on moving party in summary judgment)