FITHIAN v. REED

No. 99-1898.

204 F.3d 306 (2000)

Stephen C. FITHIAN, Jr., p.p.a. Stephen C. Fithian, Sr., et al., Plaintiffs, Appellants, v. Edward REED and Martha Reed, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 29, 2000.


Attorney(s) appearing for the Case

Thomas J. Callahan, with whom James J. McGovern and McGovern & Sullivan were on brief, for appellants.

David M. O'Connor, with whom John E. Matosky and O'Connor & Associates were on brief, for appellees.

Before SELYA, BOUDIN and LYNCH, Circuit Judges.


SELYA, Circuit Judge.

In this case, the district court concluded as a matter of law that the risk of a neighbor's snowblower discharging snow and ice against a dining room window and breaking it, injuring a toddler standing inside, was unforeseeable, and that the homeowners therefore did not breach their duty of reasonable care. The plaintiffs appeal. Finding no evidence of any precaution that either defendant could or should...

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