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Keywords

plaintiffnegligenceduty of care
duty of care

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Silva v. Showcase Cinemas Concessions of Dedham, Inc., 736 F.2d 810, 15 Fed. R. Evid. Serv. 1827

Facts

On Christmas Day, 1979, John Silva, Jr. attended a movie at the Showcase Cinema with his brother and friends. During the film, they were disturbed by a group of rowdy patrons, and despite requests for quiet, no theater employees intervened. After the movie, an altercation occurred in the parking lot, resulting in Silva being stabbed and killed. The theater had a history of violence and typically employed ushers and security to manage such situations, but failed to do so in this instance.

On Christmas Day, 1979, Silva went to the Showcase Cinema with his brother and two friends to see “Quadrophenia,” a film depicting violence between British Mods and Rockers. In the theater they were disturbed by three men and a woman, dressed in somewhat tattered clothing, sitting nearby, singing, yelling, and banging on the seats.

Issue

Did the movie theater breach its duty of care to its patrons by failing to prevent foreseeable harm that led to the wrongful death of John Silva, Jr.?

Did the movie theater breach its duty of care to its patrons by failing to prevent foreseeable harm that led to the wrongful death of John Silva, Jr.?

Rule

Under Massachusetts law, a theater owner has a duty to take reasonable steps to prevent foreseeable harm to patrons, including harm from the intentional acts of other patrons.

theater owner had duty to take reasonable steps to forestall reasonably foreseeable harm flowing from even the intentional acts of its patrons

Analysis

The court found that the theater's failure to intervene during the disruptive behavior of the rowdy group constituted a breach of its duty to Silva. The jury could reasonably conclude that the lack of oversight and authority in the auditorium made an attack foreseeable, and that had the theater taken appropriate action, the stabbing might have been prevented.

the jury could have found that the theater (including the parking lot) had been the scene of numerous past acts of vandalism, theft, a kidnapping, and even an incident in the theater lobby in which a patron held a knife to the theater manager's throat.

Conclusion

The court affirmed the judgment of the lower court, holding that the theater was liable for the wrongful death of John Silva, Jr. due to its negligence in failing to protect its patrons.

The judgment of the district court is Affirmed.

Who won?

The plaintiffs prevailed in the case because the jury found that the theater had breached its duty of care, which foreseeably led to the tragic outcome.

Essentially, the jury found that the theater had breached its duty to Silva, “a paying patron[,] to use reasonable care to prevent injury to him by third persons whether their acts were accidental, negligent, or intentional.”

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