Court Allows Wrongful Death Claims Against University to Proceed in Significant Duty of Care Ruling
Todd & Weld attorneys Howard Cooper and Maria Davis successfully defeated a motion for judgment on the pleadings in a wrongful death action arising from a university’s alleged failure to respond to reports that a student was in imminent distress on campus.
In a decision issued by the Middlesex Superior Court, the Court held that the plaintiffs plausibly alleged that the defendants owed a duty to take reasonable steps to prevent harm once they became aware of facts indicating that an individual on campus was at imminent risk. The ruling allows the case to proceed to further litigation.
The case addresses the scope of a university’s duty of care under Massachusetts law, distinguishing prior precedent and reinforcing that liability may arise where institutions have specific, contemporaneous information suggesting an immediate risk of serious harm. The Court found that, accepting the allegations as true, the defendants had sufficient notice of a potentially dangerous situation to trigger that duty.
This decision represents an important development in the evolving legal framework governing institutional responsibility and highlights Todd & Weld’s experience handling complex and sensitive matters involving negligence, duty of care, and appellate-level legal issues.