Negligence, private right of action.

Both parties involved in a civil action appeal the ruling of a lower court. Mary Ellingsgard filed suit against the operators of a summer resort, seeking damages for injuries she sustained when the dock she was standing on was struck by a motor boat operated by an employee of the resort. The employee had suffered a heart attack before losing control of the craft. Ellingsgard argues the resort owners were negligent in allowing an employee with a poor medical history to operate a boat. The resort owners contend they were unaware of the employee's medical history.

A Superior Court jury found the resort owners were negligent in allowing the employee to operate the boat. However, the jury found the resort owners were not at fault for hiring the employee. Both parties appeal the finding of the lower court.

Ellingsgard loses. The Supreme Court of Massachusetts overruled the finding of the lower court. The supreme court ruled the employee's heart attack was an unforeseeable event. Therefore, the resort owners could not be held responsible.