No. 20-533

Jeffrey Boudreau, as Personal Representative of the Estate of Wendy Boudreau v. Shaw's Supermarkets, Inc.

Lower Court: First Circuit
Docketed: 2020-10-22
Status: Denied
Type: Paid
Response Waived
Tags: business-invitee daubert daubert-standard expert-testimony foreseeability kumho premises-liability rule-702 summary-judgment
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2020-12-04
Question Presented (from Petition)

1. When a legal duty exists in a premises lability context to protect business invitees from reasonably foreseeable harm, is the question of foreseeability a factual issue that must be decided by the jury?

2. If foreseeability of harm is a factual issue, may a trial court sitting in diversity dispense with the Daubert/Kumho gatekeeping function of assessing the admissibility of expert evidence on summary judgment, when the proffered retail security/loss prevention expert determined that harm to a customer was reasonably foreseeable?

Question Presented (AI Summary)

Whether foreseeability of harm is a factual issue for the jury in a premises liability case

Docket Entries

2020-12-07
Petition DENIED.
2020-11-10
DISTRIBUTED for Conference of 12/4/2020.
2020-11-05
Waiver of right of respondent Shaw's Supermarkets, Inc. to respond filed.
2020-10-16
Petition for a writ of certiorari filed. (Response due November 23, 2020)

Attorneys

Jeffrey Boudreau
Laura Honold WhiteWhite & Quinlan, LLC, Petitioner
Shaw's Supermarkets, Inc.
Elizabeth G. StouderRichardson & Troubh, Respondent