Oahn Nguyen Chung v. StudentCity.Com, Inc.
854 F.3d 97
| 1st Cir. | 2017Background
- StudentCity sold a Cancun graduation/snorkeling trip; promotional materials and a rep promised on-site staff and supervision at events.
- On June 7, 2008 participants boarded the SS Sea Star (rated for far fewer passengers than were aboard); no on-duty StudentCity staff were on the boat.
- The overloaded catamaran struck a reef; some crew deserted ship; Lisa Chung drowned and later died; Loren survived with serious injuries.
- Plaintiffs (Lisa's parents/estate) sued for wrongful death under Massachusetts law; StudentCity moved for dismissal or summary judgment. The district court allowed limited discovery only on (1) whether StudentCity voluntarily assumed a duty to supervise and (2) whether it negligently selected the vendor.
- After limited discovery confined to those issues, the district court granted summary judgment for StudentCity based on lack of causation (concluding the boat operator’s overload/negligence, not StudentCity’s supervision, caused Lisa’s death).
- The First Circuit vacated and remanded, holding the district court improperly granted sua sponte summary judgment on causation without notice or discovery on that issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court could grant summary judgment on causation when causation was not raised or subject to discovery | The court erred: causation was neither briefed nor permitted for discovery; plaintiffs lacked notice/opportunity to develop evidence | StudentCity contended causation was raised in its motion and thus properly considered | Court: Vacated — sua sponte summary judgment on causation was improper because discovery was limited and plaintiffs lacked notice; remand for further proceedings |
| Whether StudentCity voluntarily assumed a duty to supervise participants | Plaintiffs argued StudentCity did assume and breached a duty through representations and omission of supervision | StudentCity argued it owed no duty and was not responsible for third-party vessel operations | District court previously held StudentCity voluntarily assumed a duty (that issue was part of permitted discovery); First Circuit did not disturb that ruling here but remanded to allow proper fact development on causation and related proofs |
| Whether multiple tortfeasors can be held liable (causal contribution) | Plaintiffs argued StudentCity’s failure to supervise could have contributed to the harm alongside the boat operator’s negligence | StudentCity argued operator’s overloading/negligent operation was sole proximate cause | Court: Not decided on merits — noted under Massachusetts law multiple tortfeasors can be liable; factual causation questions remain for further development/jury fact-finding |
Key Cases Cited
- Berkovitz v. Home Box Office, Inc., 89 F.3d 24 (1st Cir. 1996) (limits on sua sponte summary judgment and required safeguards)
- Stella v. Town of Tewksbury, 4 F.3d 53 (1st Cir. 1993) (exercise sua sponte power sparingly)
- Block Island Fishing, Inc. v. Rogers, 844 F.3d 358 (1st Cir. 2016) (sua sponte summary judgment constraints; notice/discovery concerns)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment target must be on notice to produce evidence)
- Cottam v. CVS Pharmacy, 764 N.E.2d 814 (Mass. 2002) (voluntary assumption of duty must be performed with due care)
- Jupin v. Kask, 849 N.E.2d 829 (Mass. 2006) (elements of negligence and that causation is normally a jury question)