The Tech - Online EditionMIT's oldest and largest
newspaper & the first
newspaper published
on the web
Boston Weather: 37.0°F | Fair

List of Counts in Lawsuit

List of Counts in Lawsuit
Count Brief Description
1. Breach of contract Plaintiffs claim they had a contract with MIT, requiring MIT to provide adequate medical, security, and emergency services to Shin. They allege that MIT broke this contract by its failure to provide such services.
2. Breach of implied covenant and fair dealing. Plaintiffs claim they had a “reasonable expectation” that MIT would supervise and care for Shin, assuming the duties of a parent. They claim that MIT failed to provide such care, and therefore broke an implied covenant of good faith and fair dealing.
3. Promissory estoppel Plaintiffs claim their reliance on MIT’s “clear and unambiguous promise” to provide “necessary and reasonable” educational, medical, emergency, and security services, to Shin’s detriment, caused damages and other harm to them.
4. Violation of M.G.L. c.93A Unfair and Deceptive Business Practices Plaintiffs claim MIT’s failure to provide adequate mental health services is a deceptive business practice. They also claim MIT’s failure to create an adequate mental health protocol, specifically with regard to parental involvement, as well as its failure to maintain adequate fire prevention systems in Random Hall, constitute “a wilful, wanton or reckless violation of law” that resulted in Shin’s death.
5. Negligent misrepresentation Plaintiffs claim that materials provided by MIT made misrepresentations that Shin would be provided adequate medical care by MIT. They also claim misrepresentations were made by the administrators.
6. Negligence Plaintiffs claim the defendants were negligent in providing adequate educational and medical care to Shin, which she was owed as an undergraduate.
7. Wrongful death Plaintiffs claim the administrators “owed a duty of care” to Shin, and that their negligence led to her death.
8. Wrongful death — gross negligence Plaintiffs claim that the administrators acted in a “wilful, wanton, reckless, or grossly negligent manner causing the death by suicide” of Shin, including in their failure to design adequate mental health protocol regarding parental involvement.
9. Conscious pain and suffering Plaintiffs claim defendants negligently caused the conscious pain and suffering of Shin.
10. Negligent infliction of emotional distress Plaintiffs claim administrators “owed a duty of care” to notify the Shins in a timely manner of a serious illness or injury of Shin; the administrators’ failure to do so led the plaintiffs to suffer “physical injury and severe emotional distress.”
11. Medical malpractice — negligence Plaintiffs claim MIT Medical professionals were negligent in providing adequate care to Shin.
12. Medical malpractice — wrongful death Plaintiffs claim MIT Medical professionals failed to provide adequate staffing, coordination of care, and diagnosis to Shin, causing her suicide.
13. Medical malpractice — wrongful death — gross negligence Plaintiffs claim MIT Medical professionals failed to provide adequate staffing and coordination of Shin’s care and acted “in a wilful, wanton, reckless, or grossly negligent manner” by failing to design adequate mental health protocol, including parental notification.
14. Medical malpractice — conscious pain and suffering Plaintiffs claim negligence on the part of MIT Medical professionals caused the conscious pain and suffering of Shin.
15. Medical malpractice — negligent infliction of emotional distress Plaintiff’s claim they suffered emotional distress from the failure of MIT Medical professionals to properly diagnose and treat Shin’s mental and medical illnesses.
16. Medical malpractice — violation of M.G.L. c.93A Plaintiffs claim MIT Medical’s failures to provide proper care to Shin and design adequate protocols constitutes a deceptive business practice and caused harm to Shin and the Plaintiffs.
17. Negligence Plaintiffs claim MIT Police officers negligently failed to provide adequate security and emergency services to Shin.
18. Wrongful death Plaintiffs claim MIT Police officers’ actions negligently caused Shin’s death.
19. Wrongful death — gross negligence Plaintiffs claim that MIT Police officers acted “in a wilful, wanton, reckless, or grossly negligent manner,” causing Shin’s death.
20. Conscious pain and suffering Plaintiffs claim MIT Police officers negligently caused the conscious pain and suffering of Shin.
21. Negligent infliction of emotional distress Plaintiffs claim they have suffered “physical injury and emotional distress” as a result of MIT Police officers’ failure to provide adequate security and emergency services to Shin.

SOURCE: COMPLAINT FILED BY SHINS IN 2000

For the status of counts and a breakdown of counts by individual, refer to table at left.