Staelens v. Dobert, 318 F.3d 77 (1st Cir. 2003). · Go Syfert
Staelens v. Dobert, 318 F.3d 77 (1st Cir. 2003). Cases Citing This Book View Copy Cite
34 citation events (34 in the last 25 years) across 5 distinct courts.
Strongest positive: Ryan v. The Newark Group, INC. (mad, 2023-12-21)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Ryan v. The Newark Group, INC. (2×) also: Cited "see"
D. Mass. · 2023 · confidence medium
No. 162, p. 19]. 3M cites Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003), to argue that criminal or otherwise willful conduct is not reasonably foreseeable and breaks the causal chain. [Id.] Staelens states that “[g]enerally, intervening negligent conduct of a third person will not relieve the original tortfeasor from liability where such conduct was reasonably foreseeable.” 318 F.3d at 79 .
cited Cited as authority (rule) Knights v. C R Bard Incorporated
D. Mass. · 2023 · confidence medium
Mass. 2018) (citing Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003); Lubanski v. Coleco Indus., Inc., 929 F.2d 42, 48 (1st Cir. 1991)).
discussed Cited as authority (rule) United States v. Cardozo
1st Cir. · 2023 · confidence medium
Put another way, the question is whether the loss is "within the reasonably foreseeable risks of harm created by the defendant's conduct." Kearney, 672 F.3d at 96 (alteration omitted) (quoting Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003)).
discussed Cited as authority (rule) Guerra-Castaneda v. United States (2×) also: Cited "see"
D. Mass. · 2023 · confidence medium
In order to establish that a defendant’s negligent conduct was a proximate cause of one’s injuries under Massachusetts law, a plaintiff must show that those injuries fell within the “reasonably foreseeable risks of harm created by the defendant's negligent conduct.” Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003) (citing Kent v. Commonwealth, 437 Mass. 312, 320 , 771 N.E.2d 770 (2002)); see also Jorgensen v. Massachusetts Port Auth., 905 F.2d 515 , 522–23 (1st Cir. 1990).
cited Cited as authority (rule) Woods Hole Oceanographic Institution v. ATS Specialized, Inc.
D. Mass. · 2021 · confidence medium
Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003) (citations omitted).
discussed Cited as authority (rule) Brettell v. Omron Scientific Technologies, Inc.
D. Mass. · 2018 · confidence medium
The question of proximate cause is generally one for a jury to decide, although summary judgment may be appropriate “when the evidence and the reasonable inferences drawn therefrom lead to but one conclusion.” Staelens, 318 F.3d at 79 (citation omitted).
discussed Cited as authority (rule) Brettel v. Omron Scientific Techs., Inc.
D.D.C. · 2018 · confidence medium
The question of proximate cause is generally one for a jury to decide, although summary judgment may be appropriate "when the evidence and the reasonable inferences drawn therefrom lead to but one conclusion." Staelens , 318 F.3d at 79 (citation omitted).
discussed Cited as authority (rule) Goodrich v. Cequent Performance Products, Inc
D. Mass. · 2018 · confidence medium
Proximate Cause Cause in fact and proximate causation are required to establish a claim for breach of implied warranty of merchantability and negligence.5 See Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003); See Luvanski v. Coleco Industries, Inc., 929 F.2d 42, 48 (1st Cir. 1991).
discussed Cited as authority (rule) Bickford v. Ivers
Me. Super. Ct · 2017 · confidence medium
Unlike the circumstances presented in Staelens v. Dobert, 318 F.3d 77, 79-80 (1st Cir. 2003), where the First Circuit upheld summary judgment against a plaintiff who, three to five hours after a collision, was injured on some equipment that had been placed on the ground by a safety inspector, it appears from the stipulation that Bickford's injury occurred in the immediate aftermath of the accident when Bickford, as a first responder, was attempting to descend to the truck to provide assistance as needed. 6 The entry shall be: The motions for summary judgment by defendants United Financial Casu…
discussed Cited as authority (rule) United States v. Kearney
1st Cir. · 2012 · confidence medium
We have also explained proximate cause as requiring that a plaintiff “show that his or her injuries were within the reasonably foreseeable risks of harm created by the defendant’s ... conduct.” Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir.2003) (applying Massachusetts law). *97 As is clear from the expert reports, Vicky clearly suffered harms that will require substantial mental-health treatment.
discussed Cited as authority (rule) Nna v. American Standard, Inc. (2×) also: Cited "see"
D. Mass. · 2009 · confidence medium
Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003) (citing Kent v. Commonwealth, 437 Mass. 312, 320 , 771 N.E.2d 770 (2002)).
discussed Cited as authority (rule) McIntyre v. United States
D. Mass. · 2006 · confidence medium
Proximate Cause “To establish proximate cause, a plaintiff must show that his or her injuries were within the reasonably foreseeable risks of harm created by the defendant’s negligent conduct.” Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir.2003) (applying Massachusetts law).
discussed Cited as authority (rule) Pine v. Arruda (2×) also: Cited "see"
D. Mass. · 2006 · confidence medium
Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir.2003) (citations omitted).
cited Cited as authority (rule) Taylor v. Swartwout
D. Mass. · 2006 · confidence medium
Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir.2003).
discussed Cited as authority (rule) Admiral Insurance v. Broan Manufacturing Co.
Mass. Super. Ct. · 2004 · confidence medium
“To find in favor of [the plaintiff] would be to substantially extend the scope of reasonable foreseeability- as set forth in Massachusetts law and stretch the concept beyond reason.” Staelens , at 77.
cited Cited "see" Thomas Ryan, et al. v. The Newark Group, Inc., et al.; Thomas Ryan, et al. v. EIDP, Inc., et al.
D. Mass. · 2025 · signal: see · confidence high
See Staelens v. Dobert, 318 F. 3d 77, 79 (1st Cir. 2003).
discussed Cited "see, e.g." Thomas Ryan, et al. v. The Newark Group, Inc., et al.; Thomas Ryan, et al. v. EIDP, Inc., et al.
D. Mass. · 2025 · signal: see also · confidence medium
Mass. 1991) (quoting Glick v. Prince Italian Foods, Inc., 514 N.E. 2d 100 , 102 (Mass. App. Ct. 1987)); see also Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003) (“Under Massachusetts law, in addition to being the cause in fact of the injury, the plaintiff must show that the negligent conduct was a proximate or legal cause of the injury as well.” (quoting Kent v. Com., 771 N.E.2d 770 , 777 (Mass. 2002) (internal alterations omitted)).
discussed Cited "see, e.g." Thomas Ryan, et al. v. The Newark Group, Inc., et. al.; Thomas Ryan, et al. v. EIDP, Inc, et al
D. Mass. · 2025 · signal: see also · confidence medium
Mass 1991) (quoting Glick v. Prince Italian Foods of Saugus, Inc., 514 N.E.2d 100 , 102 (Mass. App. Ct. 1987)); see also Staelens v. Dobert, 318 F.3d 77, 79 (1st Cir. 2003) (“Under Massachusetts law, in addition to being the cause in fact of the injury, the plaintiff must show that the negligent conduct was a proximate or legal cause of the injury as well.” (quoting Kent v. Com., 771 N.E.2d 770 , 777 (Mass. 2002) (internal alterations omitted)).
Retrieving the full opinion text from the archive…
Aaron STAELENS; Nadine Staelens, Plaintiffs, Appellants,
v.
Lynn DOBERT; Ronald Dobert, Defendants, Appellees
02-1473.
Court of Appeals for the First Circuit.
Feb 5, 2003.
318 F.3d 77
G. David Sharp, with whom Corash and Zurn, LLP was on brief, for appellants., John S. Ferrara, with whom Dalsey, Ferrara, & Albano was on brief, for appel-lees.
Torruella, Stahl, Howard.
Cited by 19 opinions  |  Published
STAHL, Senior Circuit Judge.

This case involves a motor vehicle accident, in which defendant-appellee Lynn Dobert struck a gasoline tanker driven by plaintiff-appellant Aaron Staelens, who three to five hours after the collision injured his knee when he tripped over a piece of equipment left by a state employee investigating the accident. Staelens and his wife sued Dobert and her husband, alleging that Dobert’s negligence proximately caused Staelens’s injuries. The district court granted summary judgment in favor of the Doberts; we affirm.

I.

As this case comes to us on a grant of summary judgment, we relate the facts in the light most favorable to the Staelens, drawing all reasonable inferences in their favor. Crawford v. Lamantia, 34 F.3d 28, 31 (1st Cir.1994). At approximately 6:00 p.m., on December 17, 1997, Dobert negligently drove her automobile into a gasoline tanker driven by Staelens. State Police, including an accident reconstruction team, firefighters, and an ambulance arrived on scene. Although Staelens escaped injury from the impact, Dobert did not, and was transported from the scene by an ambulance. After the reconstruction team completed its investigation, a Department of Transportation (“DOT”) inspector arrived to inspect the tanker. Finished with inspecting the tanker’s lights, the DOT inspector told Staelens that he could turn them off. As Staelens approached the door to the cab, he stepped on a creeper, [1] which had been left out by the DOT inspector, fell onto his back, and injured his knee. Staelens’s fall occurred three to five hours after the initial impact.

[*79] After limited discovery, the Doberts filed a motion for summary judgment, contending that the DOT inspector’s negligence was an intervening and superseding cause that relieved the Doberts of liability. The district court agreed and granted the motion solely on that ground. [2]

II.

Under Massachusetts law, “[i]n addition to being the cause in fact of the injury [the but for cause], the plaintiff must show that the negligent conduct was a proximate or legal cause of the injury as well.” Kent v. Commonwealth, 437 Mass. 312, 320, 771 N.E.2d 770 (2002). To establish proximate cause, a plaintiff must show that his or her injuries were within the reasonably foreseeable risks of harm created by the defendant’s negligent conduct. Id.; Poskus v. Lombardo’s of Randolph, Inc., 423 Mass. 637, 639-41, 670 N.E.2d 383 (1996). Generally, intervening negligent conduct of a third person will not relieve the original tortfeasor from liability where such conduct was reasonably foreseeable. Poskus, 423 Mass. at 639-40, 670 N.E.2d 383; Jesionek v. Mass. Port Authority, 376 Mass. 101, 105-06, 378 N.E.2d 995 (1978).

Although the question of proximate cause — i.e., whether a risk of harm was reasonably foreseeable — is ordinarily for the jury, summary judgment may be appropriate when the evidence and the reasonable inferences drawn therefrom lead to but one conclusion. Kent, 437 Mass. at 320-22, 771 N.E.2d 770; Poskus, 423 Mass. at 637-41, 670 N.E.2d 383; Young v. Atlantic Richfield Co., 400 Mass. 837, 842, 512 N.E.2d 272 (1987). This is such a case: no jury could conclude that it was reasonably foreseeable that, three to five hours after the collision, Staelens would trip over a piece of equipment brought to the scene sometime after the accident by a state employee inspecting the tanker. Staelens suffered no injury from the collision itself nor from any risk of harm resulting therefrom; e.g., he did not slip on fluids or trip over debris from the vehicles involved in the accident. Instead, Staelens’s injury resulted from an independent agency, the DOT inspector’s conduct, after the risks of harm resulting from Dobert’s negligent conduct had come to rest. Indeed, as we have said, three to five hours passed without incident.

To find in favor of Staelens would be to substantially extend the scope of reasonable foreseeability as set forth in Massachusetts case law and stretch the concept beyond reason, a course we decline to follow. Dobert did not become an insurer of Staelens’s safety against all conceivable harms merely because she struck the tanker he was driving. As instructed by the Massachusetts Supreme Judicial Court, “[t]here must be limits to the scope or definition of reasonable foreseeability based on considerations of policy and pragmatic judgment.” Poskus, 423 Mass. at 640, 670 N.E.2d 383; see also Kent, 437 Mass. at 320-21, 771 N.E.2d 770; Dan B. Dobbs, The Law of Torts, ch. 10, § 180, at 443 (2001) (“The proximate cause issue, in spite of the terminology, is not about causation at all but about the appropriate scope of responsibility.”). Otherwise, liability would extend endlessly, one harm leading inevitably to others. In sum, the undisputed facts would not permit a fair-minded jury to conclude that Staelens’s injuries were within the reasonably fore[*80] seeable risks of harm resulting from Do-bert’s negligent conduct.

Affirmed, costs to appellees.

1

. A creeper is a flat board with underlying wheels used to inspect the underside of a vehicle.

2

. The negligence of the relevant actors — Do-bert, the DOT inspector, and Staelens — was not an issue before the district court.