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Luisi v. Foodmaster Supermarkets12/14/2000
ncovered knives. We conclude, however, that summary judgment was appropriately granted in favor of the defendant NED on this theory for there was no evidence that NED had any control over Foodmaster's premises or its display of knives or had any knowledge thereof. See Sheehan v. El Johnan, Inc., 38 Mass. App. Ct. 975, 975-976 (1995) (inquiry is whether landlord controlled premises or knew of dangerous condition).
Finally, the defendant Foodmaster has argued that, even if one assumes that it breached its duty to the plaintiff in displaying knives without protective covers, the plaintiff has failed to produce evidence that her injuries were proximately caused by Foodmaster's breach. Foodmaster's argument rests on the ground that Huggins's attack was a superseding or intervening cause which broke the chain of causation. "Generally, the act of a third person in committing an intentional tort constitutes a superseding cause of harm to another resulting therefrom, even though the actor's conduct created a situation which afforded an opportunity to the third person to commit such a tort or a crime. However, liability will be imposed where the actor realized, or should have realized, the likelihood that such a situation might be created, and that a third person might avail himself of the opportunity to commit a crime." Gidwani v. Wasserman, 373 Mass. 162, 166 (1977). Here, for the very same reason that we determined that the foreseeability of harm posed a material issue of fact, we also are of the opinion that the issue of causation presents a material issue of fact which is best left to a jury.
In sum, we affirm the judgment in favor of NED and partial summary judgment in favor of Foodmaster based on a claim of inadequate security but reverse the judgment in favor of Foodmaster on a claim of negligence in displaying knives without protective covers and remand this claim to the Superior Court for further proceedings.
So ordered.
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