In the recent case of Pena v. Pena, a Massachusetts trial court considered the liability of a property owner for injuries that a visitor sustains due to the acts of a third party. The case provides an important example to litigants about the importance of following procedural rules and retaining an experienced trial lawyer.
The facts of the case are as follows. The defendant operated a bar in the town of Roxbury, Massachusetts. The plaintiffs, two men, were patronizing the bar one evening when they were both stabbed by another bar patron. In their complaint, the plaintiffs alleged that the bar owner’s negligence was the direct cause of their injuries. The defendants failed to timely respond to the complaint, and the trial court entered a default judgment against them. During the hearing, the court heard testimony about the incident and the nature and extent of the plaintiffs’ injuries. The trial court entered a judgment in favor of one of the plaintiffs totaling $70,000 and in the amount of $500 for the other plaintiff.