1. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM 355 Mass. 718, 247 N.E.2d 350 (1969) Case Brief

2. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM PURPOSE: Attribution of fault in tort.

3. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM CAUSE OF ACTION: Negligence.

4. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM FACTS: On March 17, 1960 (St. Patrick’s Day, a holiday of great revelry in Boston), the plaintiff, accompanied by a lady companion, entered the New State Ballroom in Boston at approximately 8:45 p.m. The ballroom was very crowded with vigorous dancing and plaintiff, a regular patron, was pushed to the floor and hit his head.

5. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM ISSUE: Whether a business enterprise is liable for the intentional torts of third- parties on its premises.

6. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM HOLDING: No liability in this case.

7. Copyright 2007 Thomson Delmar Learning. All Rights Reserved. GOGGIN v. NEW STATE BALLROOM REASONING: The liability of the ballroom must arise from its knowledge, or the fact that it should have known of or anticipated, in the exercise of reasonable care, the disorderly or rowdy actions of third persons which might lead to injury to the plaintiff.... Where conditions existing at the time of the accident are open and obvious to any person of ordinary intelligence, the defendant is under no duty to warn the plaintiff.