Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 08-12-2020
Case Style:
Jeffrey Boudreau v. Shaw's Supermarkets, Inc.
Case Number: 2:17-cv-00259-DBH
Judge: D. Brock Hornby
Court: United States District Court for the District of Maine (Cumberland County)
Plaintiff's Attorney:
Call 918-582-6422 for help finding a great personal injury lawyer.
Defendant's Attorney: Betsy E. Wakefield and Elizabeth G. Stouder
Description:
Portland, ME - Jeffrey Boudreau, as personal representative of the Estate of Wendy Boudreau, sued Shaw's Supermarkets, Inc. on a negligent wrongful death theory.
On August 19, 2015, Connor
MacCalister attacked and killed Wendy Boudreau with a knife in the
ice cream aisle of the Saco, Maine Shaw's Supermarket. Both Wendy
Boudreau and MacCalister were regular customers of the Saco Shaw's.
MacCalister later confessed that she went to Shaw's intending to
kill someone and chose Wendy Boudreau because she was elderly and
would be unable to fight back.
Two years later, Jeffrey Boudreau, Wendy Boudreau's
husband and the executor of her estate, sued Shaw's in federal
court asserting wrongful death and conscious pain and suffering
under Maine law. Boudreau asserted that Shaw's owed a duty to
protect its patrons from foreseeable harm and that MacCalister's
attack was foreseeable. He further argued that Shaw's breached
this duty by failing adequately to monitor the store and that this
breach was the proximate cause of Wendy Boudreau's death. In a
separate count, he alleged that Shaw's' breach caused Wendy
Boudreau conscious pain and suffering. The district court entered
summary judgment for Shaw's, concluding that Shaw's did not owe a
duty under Maine wrongful death law to protect Wendy Boudreau from
this attack by MacCalister because it was not foreseeable.
Outcome: MANDATE of USCA as to 111 Notice of Appeal filed by JEFFREY BOUDREAU (clp) (Entered: 05/27/2020)
Plaintiff's Experts:
Defendant's Experts:
Comments: