Cracchiolo v. E. Fisheries, Inc., No. 13-1787 (1st Cir. 2014)
Annotate this CaseGiuseppe Cracchiolo fell and drowned after slipping from a hazardous place on a fishery pier while attempting to return to the commercial fishing boat on which he was working. Giuseppe’s wife Carla sued the owner and the leaseholder of the facility (collectively, Defendants) where the ship was docked for wrongful death based on a negligence theory. The district court granted summary judgment to Defendants, concluding that Defendants owed no duty of care to remedy the hazard under the circumstances. The First Circuit Court of Appeals reversed without deciding the duty of care issue, holding that the issue could not be decided on the undisputed facts in the record, and therefore, Defendants were not entitled to summary judgment, as a matter of law, on the record. Remanded.
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