Login

Login

To access this feature, please Log In or Register for your Casebriefs Account.

Add to Library

Add

Search

Login
Register

Ford v. Trident Fisheries Co.

    Brief Fact Summary.

    The Massachusetts Supreme Judicial Court ruled that a plaintiff must establish that the defendant caused the injury to the plaintiff in order to succeed in a negligence claim.

    Synopsis of Rule of Law.

    In order to be successful in a negligence claim, the plaintiff must show that the defendant caused the plaintiff’s injury. 

    Facts.

    Ford (Plaintiff) was working on one of Trident Fisheries (Defendant) boats when one night he fell overboard. A rescue mission was initiated however the rescue boat that was lowered only had one oar. As a result, Ford was never recovered and ultimately died. The Administatrix of his estate filed a negligence claim against the defendant. The trial court granted defendant’s motion for dismiss and this appeal follows. 

    Issue.

    Whether a plaintiff can recover damages under a negligence claim when the plaintiff failed to prove the defendant caused the injury.

     

    Held.

    No. The plaintiff must prove that the defendant caused the injury. 

    Discussion.

    The court notes that even if the missing oar was found to be negligent there is no proof that the missing oar caused the injury to plaintiff. 


    Create New Group

      Casebriefs is concerned with your security, please complete the following