Opinion
No. 07-P-152.
June 3, 2008.
Decisions Pursuant to Rule 1:28.
So much of the order dated November 20, 2006, as denies the plaintiffs motion for summary judgment against the defendant restaurants shall be modified to preclude recovery on a theory of negligent hiring and to reflect that the limitation of liability clause is effective only as to so much of the restaurants' tort claims as are found to be based on ordinary negligence and as to the restaurants' claims of breach of contract and breach of the implied covenant of good faith and fair dealing. As so modified, the order is affirmed. The orders denying the motions of the plaintiff and the defendant Evanston Insurance Company for reconsideration are affirmed. The case is remanded to the Superior Court for further proceedings consistent with the memorandum and order of the Appeals Court.