Joseph F. Polak & Another v. Mildred

In an action against a homeowner whose two teenaged sons had invited a large number of persons to a party at their home, brought by the parents of a young man who had been sleeping during the party in a car parked by the side of the road in front of the house and who had died as a result of injuries sustained when a passing automobile hit the parked car, the Judge did not err in allowing the defendant's motion for judgment notwithstanding the verdict, inasmuch as the homeowner had no duty to warn guests at the party of the dangers of parking by the side of the road. [351-354] On the evening of May 21, 1976, forty to fifty young people attended a beer party to celebrate their approaching graduation from high school. This litigation arises out of the tragic aftermath of that party. The festivities took place at the McDonald residence in North Chelmsford, located on Tyngsboro Road (Route 3A), a State highway. The hosts were the two teenaged sons of the defendant, Mildred E. McDonald, 2 the record owner of the property. McDonald had given her sons permission to have the party, and she left them in charge when she left home during the early part of the evening.