Boivin v. Somatex, Inc.
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The Supreme Judicial Court affirmed the summary judgment entered by the superior court in favor of Somatex, Inc. on Kim Boivin's complaint alleging that she suffered from post-traumatic stress disorder (PTSD) as a result of the negligence of Somatex, Inc., holding that the superior court correctly determined that Somatex owed no duty to Boivin.
Boivin was operating a crane when a Somatex employee was knocked out of the crane and feel thirty feet to the floor, where he landed in front of Boivin. The employee died from his injuries, and Boivin sustained PTSD and related disorders as a result of the accident. Boivin brought this action against Somatex, alleging negligence. The superior court granted summary judgment for Somatex. The Supreme Judicial Court affirmed, holding (1) Boivin failed to generate a genuine dispute of material fact as to whether Somatex breached its general negligence duty of care not to cause her physical injury or as to whether Somatex owed her a duty to avoid causing emotional harm; and (2) therefore, the superior court did not err in determining that Somatex was entitled to judgment as a matter of law.
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