In this case alleging negligent design, the First Circuit affirmed the judgment of the district court in favor of Defendants on the ground that Plaintiff failed to establish the applicable standard of care, a breach of duty, and that the accident giving rise to this action was foreseeable to Defendants, holding that judgment was properly granted for Defendants.
When a vehicle was driven into another vehicle parked outside a building, the parked vehicle crashed into the building’s open terrace, injuring several individuals sitting within the terrace, including Plaintiff, Plaintiff sued the owner of the building, his heirs, and his insurer, arguing that the terrace was negligently designed. The district court entered judgment for the defense. The First Circuit affirmed, holding that Plaintiff failed to show damage through fault or negligence of Defendants.