Benjamin M.H. Goshko

The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on the street to attend the auction. The plaintiff was struck by a vehicle on the crowded street and filed suit against the defendant for creating an unreasonable risk of harm to motorists through his parking instructions. 

The Superior Court upheld summary judgment in the defendant’s favor, holding the defendant did not own a duty to the plaintiff “to direct traffic and monitor parking” and that the defendant “did not have any authority to control parking on public streets.” 

The impact of this decision is that it expands the general principle that a property owner owes no duty to pedestrians or motorists on adjoining roadways to include situations in which the property owner can be argued to have created a hazard through their directions to visitors and business invitees. 

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_{Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2024 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}