DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 9A

Citation
Section 9A
Parent Document
Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-10-28
Original Source
https://www.courtlistener.com/opinion/8357287/johnson-v-rufo/ ↗

Other Sections in This Document (34)

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Here, as a matter of law, Johnson’s conduct was a superseding cause because his injury was not foreseeable under the circumstances. Similar to the facts in Weeks, the summary judgment record here establishes that it was not foreseeable Johnson would use the power saw in an unsafe manner because he: (1) read the manual’s safety warnings, (2) saw the missing protective blade guard, and (3) appreciated the danger involved. This point echoes even more loudly when considering Johnson’s carpentry training and power tool familiarity. Therefore, Rufo is entitled to summary judgment because Johnson’s own conduct was the proximate or legal cause of his injuries. ORDER