SHEEHAN v. WEAVER

No. SJC-11395.

467 Mass. 734 (2014)

WILLIAM SHEEHAN v. DAVID B. WEAVER & another.

Supreme Judicial Court of Massachusetts, Essex.

April 10, 2014.


Attorney(s) appearing for the Case

Peter C. Kober for the defendants.

Louis J. Muggeo ( Stephen M. Zolotas with him) for the plaintiff.

The following submitted briefs for amici curiae:

John F. Brosnan for Massachusetts Defense Lawyers Association.

J. Michael Conley , Thomas R. Murphy , & Jeffrey Petrucelly for Massachusetts Academy of Trial Attorneys.

Carol A. Kelly for Property Casualty Insurers Association of America.

Martin J. Rooney for Boston Housing Authority.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.


DUFFLY, J.

After spending an evening drinking with a friend, the plaintiff, William Sheehan, returned to his apartment on Rantoul Street in Beverly, which he rented from the defendants, Jean C. Weaver and David B. Weaver, the owner and manager of the property, respectively. Sheehan ascended an exterior staircase leading to an outer door on the second floor landing, where he leaned against the staircase guardrail. The guardrail broke, and Sheehan fell to the pavement...

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