Lupoli v. Northern Utilities Natural Gas, Inc.

17 Mass. L. Rptr. 708
CourtMassachusetts Superior Court
DecidedFebruary 11, 2004
DocketNo. 991844
StatusPublished

This text of 17 Mass. L. Rptr. 708 (Lupoli v. Northern Utilities Natural Gas, Inc.) 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
Lupoli v. Northern Utilities Natural Gas, Inc., 17 Mass. L. Rptr. 708 (Mass. Ct. App. 2004).

Opinion

Haggerty, J.

The plaintiff, William Lupoli (“Lupoli”), and his children (“the Lupoli children”) commenced this action against the defendants C.H. Baab (“Baab”), Honeywell Corp. (“Honeywell”) and Northern Utilities Natural Gas, Inc. (“Northern”) for an incident that occurred at the plaintiffs place of employment in New Hampshire. As a result of the incident Lupoli was severely burned.

Northern has filed two motions and Baab and Honeywell join in the first motion. The first motion requests this court to determine the applicable state law. This motion is ALLOWED, and the substantive law of New Hampshire applies to this case. The second motion is one for partial summary judgment.

For the reasons set forth below, Northern’s motion for partial summary judgment is ALLOWED.3

BACKGROUND

This action arises out of an incident that occurred at Sal’s Just Pizza in Salem, New Hampshire. Lupoli worked as a pizza maker at this New Hampshire restaurant. On the morning of July 1, 1997, Lupoli attempted to turn on the pizza oven when he noticed the pilot light was off. Lupoli then attempted to re-start the pilot light. When the igniter failed to light the pilot, Lupoli proceeded to light the oven manually. Gas accumulated in the oven and caused an explosion which severely burned Lupoli. Thereafter, Lupoli and the Lupoli children brought this lawsuit against Northern (the gas supplier), Baab (the oven manufacturer and Honeywell (the valve manufacturer).

DISCUSSION

I. Determination of Applicable State Law

Ordinarily, the substantive law governing an action of tort for physical injuiy is that of the place where the injuiy occurred. Cosme v. Whitman Mach. Works, Inc., 417 Mass. 643, 645 (1994); see Cohen v. McDonnell Douglas Corp., 389 Mass. 327, 333 (1983). However, on the particular facts of a case, another jurisdiction may well be “more concerned and more involved with certain issues.” Cohen, 389 Mass, at 333 (citations omitted).

The Massachusetts appellate courts have turned to The Restatement (Second) of Conflict of Laws (1971) (“the Restatement”) for guidance in examining conflict of law issues in tort cases. The general policy considerations which guide the court in selecting the appropriate choice of law are as follows, “(a) the needs of the interstate and international systems, (b) the relevant policies of the forum, (c) the relevant policies of other interested states and the relative interests of those states in the determination of the particular issue, (d) the protection of justified expectations, (e) the basic policies underlying the particular field of law, (f) certainly, predictability and uniformity of result, and (g) ease in the determination and application of the law to be applied.” The Restatement (Second) of Conflict of Laws §6 (1971). Section 145 of the Restatement provides that in matters of tort, generally, the rights and liabilities of the parties are determined by the state which has the most significant relationship to the event and to the parties. In evaluating the contacts within Massachusetts and New Hampshire, the court may consider: (1) where the injury and conduct occurred; (2) the domicile, residence, nationality, place of incorporation, and place of business of the parties; and (3) the place where the relationship is centered. The Restatement (Second) of Conflict of Laws §145(1) and (2) (1971). Finally Section 146 of the Restatement provides that in matters of personal injury, the law of the state where the injuiy occurred applies unless another state has a more significant relationship to the occurrence under the policies enumerated in Section 6 of the Restatement. The Restatement (Second) Conflict of Laws, §146 (1971).

The court then evaluates the contacts, and the general interests of the parties in the context of the considerations set out in the relevant sections of the Restatement. Bushkin Ass’n, Inc. v. Raytheon Co., 393 Mass. 622 at 631 (1985). It is not necessary to evaluate all of the considerations, only those that are relevant. Cosme, 417 Mass, at 647. This method may result in inconsistent case law; however, Massachusetts courts have decided that it is the best approach to the difficult choice of law questions. Bushkin, 393 Mass, at 631.

In this case, the contacts are as follows. Lupoli was injured at Sal’s Just Pizza in Salem, New Hampshire. At the time of the incident Lupoli lived and worked in New Hampshire. All of Lupoli’s children resided in New Hampshire at the time of the injury. Lupoli received workers’ compensation benefits pursuant to New Hampshire law. Lupoli was a resident of New Hampshire when he filed the lawsuit. Northern is a New Hampshire public utility company, organized under the laws of New Hampshire. Northern has an office in Massachusetts, but provides no gas to Massachusetts residents. Baab is a Massachusetts corporation, doing business in New Hampshire. The oven was manufactured in Massachusetts. Honeywell does business worldwide, including in Massachusetts and in New Hampshire.

A. Relevant Policies and Interest

In determining the applicable rule of law this Court considers the underlying policies of the plaintiffs’ claims in both New Hampshire and Massachusetts. The purpose of the analysis is to determine the relevant policies and interests of Massachusetts and New Hampshire in conjunction with this particular case. Bushkin, 393 Mass, at 631.

1. Loss of Consortium

In Ferriter v. Daniel O’Connell’s Sons, Inc., 381 Mass. 507 (1980), the Supreme Judicial Court announced that a child has standing to claim loss of parental consortium. The Court concluded that it was [710]*710entirely appropriate to protect a child’s reasonable expectation of parental society when a parent is harmed due to the negligence of a third party. Id. at 515-16. The defendant in Ferriter argued that a child’s interest in this context is less intense than that of a spouse but the Court rejected that argument. Id. at 510. The Court made clear that those minors who are actually dependent upon their parents may have a loss of consortium claim. Id. at 516. The dependence must not be merely economical; the child must also prove that he is dependent on the parent for closeness and guidance. Id.

New Hampshire does not recognize a cause of action for loss of parental consortium. In Harrington v. Brooks Drugs, Inc., 808 A.2d 532, 535 (N.H. 2002), the Court expressly declined to create a cause of action for a dependent child’s loss of society as a result of negligent conduct of a third party.4 The Court’s decision rested upon the fact that no statutory or common law supported the creation of such a cause of action. Id. at 534. The Court also opined that such a cause of action would increase litigation, multiply claims, and that the public as a whole would suffer from increased insurance rates. Id. Therefore, the court concluded that the public policy goals outweighed the need for this cause of action.5 See id.

Massachusetts has strong policy reasons for permitting loss of parental consortium claims. However, the policy is not viewed in a vacuum.

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Related

Wood v. Public Service Co.
317 A.2d 576 (Supreme Court of New Hampshire, 1974)
Pederson v. Time, Inc.
532 N.E.2d 1211 (Massachusetts Supreme Judicial Court, 1989)
Bushkin Associates, Inc. v. Raytheon Co.
473 N.E.2d 662 (Massachusetts Supreme Judicial Court, 1985)
LaLonde v. Eissner
539 N.E.2d 538 (Massachusetts Supreme Judicial Court, 1989)
Cosme v. Whitin MacHine Works, Inc.
632 N.E.2d 832 (Massachusetts Supreme Judicial Court, 1994)
Hellman v. Board of Registration in Medicine
537 N.E.2d 150 (Massachusetts Supreme Judicial Court, 1989)
Cassesso v. Commissioner of Correction
456 N.E.2d 1123 (Massachusetts Supreme Judicial Court, 1983)
Ferriter v. Daniel O'Connell's Sons, Inc.
413 N.E.2d 690 (Massachusetts Supreme Judicial Court, 1980)
Cohen v. McDonnell Douglas Corp.
450 N.E.2d 581 (Massachusetts Supreme Judicial Court, 1983)
Dasha v. Adelman
699 N.E.2d 20 (Massachusetts Appeals Court, 1998)
Nierman v. Hyatt Corp.
798 N.E.2d 329 (Massachusetts Appeals Court, 2003)
Bagley v. Controlled Environment Corp.
503 A.2d 823 (Supreme Court of New Hampshire, 1986)
Vincent v. Public Service Co.
529 A.2d 397 (Supreme Court of New Hampshire, 1987)
Harrington v. Brooks Drugs, Inc.
808 A.2d 532 (Supreme Court of New Hampshire, 2002)
Guglielmo v. WorldCom, Inc.
808 A.2d 65 (Supreme Court of New Hampshire, 2002)

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Bluebook (online)
17 Mass. L. Rptr. 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lupoli-v-northern-utilities-natural-gas-inc-masssuperct-2004.