McGUIGGAN v. NEW ENGLAND TEL. & TEL. CO.; PEABODY


398 Mass. 152 (1986)

496 N.E.2d 141

DANIEL E. McGUIGGAN, administrator, vs. NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY; CITY OF PEABODY & others, third-party defendants.

Supreme Judicial Court of Massachusetts, Essex.

August 6, 1986.


Attorney(s) appearing for the Case

Bartlett Leber Thomas for New England Telephone and Telegraph Company.

Deirdre H. Harris (Richard L. Neumeier & John J. Mahoney with her) for Daniel E. McGuiggan & another, third-party defendants.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


WILKINS, J.

We consider, on direct appellate review, whether a social host who furnished alcoholic beverages to an adult guest may be liable for a death caused shortly thereafter by that guest's negligent operation of a motor vehicle while under the influence of alcohol. We conclude that, although in certain circumstances liability properly could be imposed on such a social host, on the facts presented on the social hosts' motion for summary judgment, they are not...

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