Sheehan v. Weaver
7 N.E.3d 459
Mass.2014Background
- Plaintiff Sheehan injured when guardrail on exterior staircase broke at rental property on Rantoul Street; property owned by Weaver and managed by Weaver.
- Structure is a mixed-use three-story building with a chiropractor’s office on the first floor and residential apartments on the second and third floors.
- Guardrail and many building code violations were found; jury allocated 60% negligence to Sheehan and found § 51 strict liability for code violations.
- Weavers moved for judgment notwithstanding the verdict or new trial, asserting § 51 does not apply to these facts.
- Court overruled McAllister to hold § 51 applies to all building code violations, but limited as to whether the residential portion qualifies as a “building” under § 51.
- Court remanded on § 51 issue after reversing part of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 51 applies to all building code violations. | Sheehan relies on statute’s broad language. | Weavers argue § 51 is limited to fire-safety violations. | § 51 applies to all building code violations. |
| Whether the Rantoul structure qualifies as a “building” under § 51. | N/A | Structure not a building for § 51. | Residential portion does not qualify as a building under § 51. |
Key Cases Cited
- McAllister v. Boston Hous. Auth., 429 Mass. 300 (1999) (previous broad reading later overruled for § 51 scope)
- Festa v. Piemonte, 349 Mass. 761 (1965) (fire-safety orig. scope of § 51)
- Banushi v. Dotfman, 438 Mass. 242 (2002) (defines building in § 51; public/commercial use limit)
- Osorno v. Simone, 56 Mass. App. Ct. 612 (2002) (building definition excludes certain multi-unit residential structures)
- Eakin, Commonwealth v., 427 Mass. 590 (1998) (notice requirements for violations under building code)
- Santos v. Bettencourt, 40 Mass. App. Ct. 90 (1996) (ejusdem generis and interpretation of § 51 scope)
- Rivera v. Commonwealth, 445 Mass. 119 (2005) (legislative silence not conclusive of interpretation)
- Dunne v. Commonwealth, 394 Mass. 10 (1985) (legislative interpretation context)
- Glidden v. Maglio, 430 Mass. 694 (2000) (§ 51 applicability to debris cleanup context)