It was July 4th, 1996, and the Berubes were having a party with 30 to 50 guests in attendance. Later in the evening, some unidentified guests began setting off Roman candles, bottle rockets, and M-80's. Some debris from the impromptu fireworks display hit Mr. Luoni in the eye, leaving him with a permanent vision impairment. He filed a negligence suit against his hosts, alleging that they should have controlled the dangerous actions of their guests. The case made its way up to the Supreme Judicial Court.

The Court determined that the Berubes were not liable because they did not provide the fireworks, did not control them, and did not create the dangerous situation. While landowners owe a duty to their guests to keep their premises in a reasonably safe condition, they "[do] not owe a duty to take affirmative steps to protect against dangerous or unlawful acts of third persons," unless a special relationship exists. The Court has held that such special relationships exist between hotels and their guests, colleges and their students, and bar owners and their patrons, but not between homeowners and their social guests.

The Court held that the hosts had "neither the means, nor the legal obligation, to supervise or prevent the discharge of the fireworks by others. Were the rule otherwise, injuries to guests at parties would lead to considerable litigation." The judgment for the homeowners was affirmed. Luoni v. Berube, 431 Mass. 729 (2000).