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Negligence – Presentment letter – Loss of consortium
Where the Massachusetts Bay Transportation Authority has moved to dismiss a count alleging loss of consortium for failure to comply with the Massachusetts Tort Claims Act, the motion should be denied because the plaintiffs’ presentment letter, which asserted only a claim of negligence, was sufficient for the MBTA to fairly become aware, with a minimum of investigation, that one of the two plaint[...]
MCAD filing not required for high school sex abuse claim
Appeals Court says student can sue city for teacher’s sexual abuse without filing with MCAD, rejecting city’s immunity claim.
Prejudgment interest based on award minus PIP offset
Appeals Court rules prejudgment interest in car crash case applies only to the verdict amount not covered by personal injury protection benefits.
Municipal – Tree warden – ‘Discretionary function’
Where a defendant city was sued for negligence after a tree located on the city's property fell onto private property and damaged a home, the denial of the city’s motion for summary judgment should be upheld despite the city’s claim of immunity under the so-called “discretionary function” exception to the Massachusetts Tort Claims Act.
Tort – MTCA – MBTA
Where a plaintiff was assaulted by a bus driver employed by the Massachusetts Bay Transportation Authority, a judge’s decision to deny the MBTA’s motion for summary judgment should be affirmed because the Massachusetts Tort Claims Act provides no protection to the MBTA for its negligence in hiring, promoting, retaining and supervising the bus driver, who had a known history of anger management[...]
Negligence – Police detail – MTCA
Where a lawsuit was brought after a fatal fight at a concert in Quincy, the claims against the defendant Quincy police chief should have been dismissed because the allegations do not plausibly suggest that the chief acted outside the scope of his office, but there was no error in denying a motion to dismiss filed by a codefendant officer assigned to work a police detail at the concert.
Municipal – MTCA – Sewer
Where a civil action was brought pursuant to the Massachusetts Tort Claims Act (G.L.c. 258) against the city of Newton for negligent maintenance of the city's sewer line and negligent trespass of the city's sewer material, the city’s motion for summary judgment should have been allowed under the statute’s discretionary function exception and the public duty rule.
Negligence – MTCA – Court security
Where a plaintiff alleged that she was sexually assaulted by a court officer while in custody at the Lawrence Division of the District Court Department in connection with pending criminal charges, a grant of summary judgment in favor of the defendant Trial Court should be affirmed because the plaintiff’s negligence claim is barred by the Massachusetts Tort Claims Act’s discretionary function e[...]
Municipal – Immunity – Parking meters
Where two plaintiffs filed a complaint after the defendant town installed parking meters blocking vehicular access to the parking spots on the plaintiffs’ commercial property, the city’s motion for judgment on the pleadings should be allowed in part and denied in part, as the plaintiffs’ intentional tort claims are barred by the Massachusetts Tort Claims Act, but the plaintiffs have plausibl[...]
Education – Immunity – Suicide
Where a plaintiff filed a complaint seeking to hold the defendant Acton-Boxborough Regional School District liable for her son’s suicide, the school district is immune from suit under the Massachusetts Tort Claims Act.
Municipal – Immunity – MTCA
Where the town of Marshfield moved to dismiss a wrongful death complaint over a fatal all-terrain vehicle accident that occurred on town land, a judge’s decision to allow that motion […]
Municipal – MTCA – Police shooting of dog
Where a defendant city has moved to dismiss claims of negligence under the Massachusetts Tort Claims Act and negligent infliction of emotional distress, the motion should be allowed because those […]
Verdicts & Settlements
- Injury during baby’s adenoidectomy leads to stroke
- Construction worker’s hand caught in cement mixer
- Worker trapped in freezer, dies during steam cleaning
- Pedestrian, 69, hit by motor vehicle while in crosswalk
- Four-vehicle pileup leaves driver with spinal cord injury
- Nursing home staff blamed for kidney-failure death
- Pharmacy’s late delivery blamed for patient’s death
- Man, 25, drowns after swimming lesson at fitness club
Opinion Digests
- Jurisdiction – Forum selection clause – Non-signatory
- Criminal – Responsibility
- Attorneys – Lien
- Landlord and tenant – Default judgment
- Zoning – Constructive grant – Comprehensive permit
- Fraud – False Claims Act – Settlement share
- Civil practice – Discovery – Cybersecurity
