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BOUCHARD v. DeGAGNE

368 Mass. 45 (1975)

329 N.E.2d 114

MARK J. BOUCHARD vs. RAYMOND G. DeGAGNE & another.

Supreme Judicial Court of Massachusetts, Middlesex.

June 4, 1975.

Attorney(s) appearing for the Case

David W. Woods for the defendants.

Robert P. Sullivan for the plaintiff.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.

HENNESSEY, J.

In this case we are faced with the issue whether to apply retroactively our holding in the case of Mounsey v. Ellard, 363 Mass. 693 (1973), which abolished the distinction between licensees and invitees in determining the landowner's duty to visitors on the premises.1 We conclude that the rule of the Mounsey case is to be applied retroactively.

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