Morrison Mahoney associate, Janelle Gordon, obtained summary judgment in Worcester Superior Court, and secured protection under G.L. c. 231, s. 85K, the Massachusetts Charitable Immunity statute, for a small non-profit organization in Auburn, MA. The non-profit organization was established in 1949 to stimulate an interest in hunting and fishing, conserve natural resources, and promote social gatherings in connection therewith. Since 1999, the organization has sponsored a haunted hayride event every October to raise money. In 2019, the plaintiff volunteered at the haunted hayride event to scare guests. During the event, the plaintiff's foot was run over by a utility trailer. As a result, the plaintiff suffered a foot fracture which eventually led to a lower leg amputation two years later. We filed a motion for summary judgment arguing for the application of the Charitable Immunity cap for charitable corporations of $20,000 for torts committed in the course of any activity carried on accomplishing directly the charitable purpose. Although the haunted hayride was a primarily commercial activity, we argued that it furthered a specific charitable purpose of the non-profit organization. After briefing and oral arguments, the Superior Court judge agreed, and ruled the organization's liability, if any, would be subject to the $20,000 cap.
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