Blotnick v. Young-Spitzer

5 Mass. L. Rptr. 402
CourtMassachusetts Superior Court
DecidedMay 29, 1996
DocketNo. 944935
StatusPublished

This text of 5 Mass. L. Rptr. 402 (Blotnick v. Young-Spitzer) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blotnick v. Young-Spitzer, 5 Mass. L. Rptr. 402 (Mass. Ct. App. 1996).

Opinion

Cowin, J.

INTRODUCTION

The minor plaintiff Gregory Blotnick (“Gregory”) filed this action through his parents to recover for personal injuries he sustained when hot oil spilled on him during a cooking demonstration at his school. Defendant Diane Young-Spitzer (“Young-Spitzer”) is moving for partial summary judgment on the plaintiffs claims for breach of an “onerous” duty of care (Count II) and for strict liability (Count III). Defendants, Buckingham, Browne & Nichols School (“BB&N”), Pamela A. Marazzo (“Marazzo”), Beverly Malone (“Malone”) and Mary Newmann (“Newmann”) are moving for partial summary judgment on Counts VI through XII, plaintiffs claims for strict liability, breach of an “onerous” duty of care and supervisory liability.3

For the reasons stated below, defendant Diane Young-Spitzer’s motion for partial summary judgment is ALLOWED on Counts II and III of plaintiffs’ complaint alleging violation of an “onerous” duty of care to the minor plaintiff and strict liability. Defendants Pamela A. Marazzo, Beverly Malone and Mary Newmann’s motion for partial summary judgment is ALLOWED on Counts VI, IX and XII of plaintiffs’ complaint alleging strict liability; ALLOWED on Counts V, VIII and XI alleging violation of an “onerous” duty of care to the minor plaintiff; and DENIED on Counts VII and X alleging negligence against defendants Mary Newmann and Beverly Malone.4

BACKGROUND

The following undisputed facts are derived from the submissions of the parties. On February 11, 1994, Gregory, then seven years old, sustained first, second and third degree burns over approximately 8% of his body while in his first grade classroom at BB&N, a private school located in Cambridge, Massachusetts. Gregory was injured during a cooking demonstration conducted by the defendant Young-Spitzer, a parent of one of Gregory’s classmates. The demonstration was conducted in the classroom of defendant Marazzo, Gregory’s teacher at BB&N. The parties agreed at the hearing on this motion that Young-Spitzer was not compensated for conducting the demonstration.

Defendant Malone was the director of the BB&N Lower School which includes the first grade class. The defendant Newmann was the “Head” (Director) of the entire school. The school had no specific policies regarding classroom cooking or general classroom safety. Newmann considered the matter of classroom safety to be the responsibility of the directors of the individual campuses. However, Malone, the director of the lower school, stated that she was unaware of any school standards for classroom safety. Further, Malone did not recall ever discussing the issue of classroom cooking demonstrations with anyone at the school. Neither Newmann nor Malone were aware of the Young-Spitzer cooking demonstration.

Young-Spitzer’s demonstration was part of a Chinese cultural presentation and consisted of a talk by Young-Spitzer about Chinese culture and custom, a paper-folding activity and the cooking ofwontons. She had presented it on several other occasions in BB&N classrooms.5

There were twenty-one students in Gregory’s class ranging in age from six to seven years. During the demonstration, they filled the wantons with items such as peanut butter and jelly and then gave them to Young-Spitzer to place in the wok to cook. The students were able to watch the wantons cook and then eat the particular wantons each had filled.

The wok was owned and operated at all times by Young-Spitzer. It was set up on a table in the corner of the room. The demonstration was arranged so that approximately half the class first participated in the Origami activity under Marazzo’s supervision and the other half participated in the cooking activity under the direction of Young-Spitzer. The evidence is conflicting as to how the accident actually happened.6 Plaintiffs claim that Gregory, the last student to arrive in the cooking area after finishing his Origami lesson, was walking toward a seat and hit the wok cord. As a result, the wok tipped over spilling hot oil onto Gregory’s face, neck, shoulder and back.

After the accident, Marazzo took Gregory to the sink to wash off the oil. Gregory was transported by automobile to the Mount Auburn Hospital located around the block from the school. He was then transferred by ambulance to the Children’s Hospital in Boston for treatment of first, second and third degree burns. The school had no temporary or permanent nurses on its staff.

DISCUSSION

Summary judgment shall be granted if there are no material facts in dispute and if the moving party is entitled to judgment as a matter of law. Cassesso v. Commissioner of Correction, 390 Mass. 419, 422 (1983); Community National Bank v. Dawes, 369 Mass. 550, 553 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the absence of a triable issue, and of establishing that the moving party is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 16-17 (1989).

The plaintiffs claim that the cooking lesson, involving the use of an open wok in a classroom of six and seven year-old children, constitutes an “abnormally dangerous” activity justifying the imposition of strict liability. Pursuant to the rule of Rylands v. Fletcher, L.R. 3 H.L. 330 (1868), the Supreme Judicial Court has held that one who carries on an abnormally dangerous activity is subject to liability for harm resulting from that activity, even if that person has exercised the utmost care to prevent the harm. Ainsworth v. Lakin, 180 Mass. 397, 399 (1902). The ques-[404]*404lion of whether the defendants’ activity is subject to the Rylands rule of strict liability is for the court, not for the jury. Joseph R. Nolan and Laurie J. Sartorio, Tort Law §317(1989). The nature of the activity should not, in and of itself, determine whether the activity is “abnormally dangerous.” Rather, consideration should focus on whether the risk is so unusual and extraordinary as to justify the imposition of strict liability. The Clark-Aiken Co. v. Cromwell-Wright Co., Inc., 367 Mass. 70, 89 (1975).

Massachusetts law on strict liability is consistent with the Restatement (Second) of Torts §§519, 520. The Clarke-Aiken Co., supra at 91. Thus, in determining whether an activity is abnormally dangerous, the court is to consider the following factors among others:

(a) whether the activity involves a high degree of risk of harm to the person, land or chattels of others; (b) whether the gravity of the harm which may result from it is likely to be great; (c) whether the risk cannot be eliminated by the exercise of reasonable care; (d) whether the activity is not a matter of common usage; (e) whether the activity is inappropriate to the place where it is carried on; and (f) the value of the activity to the community.

Clark-Aiken Co., 367 Mass. at 72, quoting the Restatement (Second) of Torts §520, Comment f (Tent. Draft No. 12, 164).

Because strict liability imposes liability regardless of due care, its applicability has traditionally been limited. Consistent with the Rylands rule, Massachusetts cases have imposed strict liability for certain damages caused by blasting or the escape of wild animals. See O’Connor v. E.J. DiCarlo & Sons, Inc., 376 Mass. 927 (1978) (blasting): Marble v. Ross, 124 Mass. 44 (1878) (castrated bull). See also Mears v.

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Related

Wightman v. Town of Methuen
526 N.E.2d 1079 (Massachusetts Appeals Court, 1988)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
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617 N.E.2d 656 (Massachusetts Appeals Court, 1993)
Community National Bank v. Dawes
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456 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1983)
The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.
323 N.E.2d 876 (Massachusetts Supreme Judicial Court, 1975)
Brown v. Knight
285 N.E.2d 790 (Massachusetts Supreme Judicial Court, 1972)
Marble v. Ross
124 Mass. 44 (Massachusetts Supreme Judicial Court, 1878)
Mears v. Dole
135 Mass. 508 (Massachusetts Supreme Judicial Court, 1883)
Ainsworth v. Lakin
57 L.R.A. 132 (Massachusetts Supreme Judicial Court, 1902)
Kaufman v. Boston Dye House, Inc.
182 N.E. 297 (Massachusetts Supreme Judicial Court, 1932)
Garrett v. M. McDonough Co.
7 N.E.2d 417 (Massachusetts Supreme Judicial Court, 1937)
O'Connor v. E. J. DiCarlo & Sons, Inc.
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Bluebook (online)
5 Mass. L. Rptr. 402, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blotnick-v-young-spitzer-masssuperct-1996.