Massachusetts Superior Court January 15, 1996, No. 941081 (Kusy v. Fogwell)

Brassard, J.

Plaintiff Frank P. Kusy (Kusy) brought this action against defendant Louise Fogwell (Fogwell) and Robert Fogwell (Robert). Kusy was allegedly injured when he fell through a hole cut by Robert in the roof of a house owned by Fogwell. Fogwell has moved for summary judgment, contending that she owed no duty to Kusy and therefore Kusy’s claim must fail as a matter of law.