Case law

Vernazarro v. Collins

1994 Mass. App. Div. 38 · Massachusetts District Court, Appellate Division · Mar 11, 1994

Forsyth, 472 U.S. 511 (1988) in which the court held that the governmental official is immune from suit unless his actions violate clearly established law. Id at 526. … We conclude that the defendant Collins is entitled to qualified immunity in this action and that the motion to dismiss should have been allowed.

Schneiderman v. Commonwealth of Massachusetts

59 Mass. App. Dec. 134 · Massachusetts District Court, Appellate Division · Jan 7, 1977

The Commonwealth here clearly does not stand to gain anything from the perpetration of violent crimes. … Commonwealth, 363 Mass. 595 (1973), the court in commenting upon this statute stated, at P. 600: "In waiving its immunity, the Commonwealth established certain rights of recovery which cannot be extended beyond those expressly

Smith v. Commonwealth

1984 Mass. App. Div. 10 · Massachusetts District Court, Appellate Division · Jan 26, 1984

In endeavoring to resolve the question of non-resident eligibility, we remain cognizant of the statute’s status as social welfare legislation which confers non-contraetual benefits from the public treasury upon qualifying … P., Rule 12(b)(3) must be allowed if lack of venue is established. See, e.g., Kalman v. Board of Aldermen of Chelsea, 13 Mass. App. Ct. 904 (1982). Either party may alternatively move under G.

O'Hanley v. City of Gloucester

1993 Mass. App. Div. 119 · Massachusetts District Court, Appellate Division · Jun 8, 1993

The chronology of events which culminated in the termination of O’Hanley’s benefits clearly indicates that the City took no effective action cognizable under the Ordinance. … Legislative abrogation of sovereign immunity was unnecessary, however, for those common law claims historically actionable against a governmental entity.

Maciorowski v. Schwarzenbach

2010 Mass. App. Div. 257 · Massachusetts District Court, Appellate Division · Dec 3, 2010

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence establishing the existence of a genuine issue of material fact. Pederson v. … The individual public employee is immune from personal liability.

Kpakolo v. Harrigan

2008 Mass. App. Div. 178 · Massachusetts District Court, Appellate Division · Sep 8, 2008

whose resolution was not clearly foreshadowed, (2) whether retroactive application will further the rule, and (3) whether inequitable results, or injustice or hardships, will be avoided by a holding of nonretroactivity.” … Harrigan is, thus, immune from liability pursuant to G.L.c. 258, §2, and Kpakolo’s claim against him was properly dismissed.

Herman v. Home Depot, Inc.

2001 Mass. App. Div. 132 · Massachusetts District Court, Appellate Division · Jun 19, 2001

If the latter statute is so repugnant to the statutory scheme established by the former, a repeal by implication may be implied. Cf. Registrar of Motor Vehicles v. … and the Superior Court to issue a grant of immunity.

Bang v. Tran

1997 Mass. App. Div. 122 · Massachusetts District Court, Appellate Division · Aug 18, 1997

The fact that testimony was introduced at trial without objection by the defendant as to his conduct in leaving his children unattended in the double-parked car does not establish his implied consent to the trial of the issue … Stamboulis, 401 Mass. 762 (1988), the Court held that ‘‘no absolute curtain of immunity protects a parent who negligently causes injury to his or her minor child,” Id. at 765 , and that the abolition of parental tort immunity

DiSilva v. Polaroid Co.

1985 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 4, 1985

The plaintiff in a defamation action bears the burden of introducing sufficient evidence to establish that the qualified privilege has been abused and thus extinguished by the defendant’s malice or recklessness. … It may also be suggested that such a grant of immunity to the private employer may contribute to more diligent and comprehensive Title VII enforcement efforts.

Pittore v. City of Boston

1987 Mass. App. Div. 12 · Massachusetts District Court, Appellate Division · Feb 5, 1987

Cambridge, 258 Mass. 203, 204-205 (1927).The plaintiffs October 5, 1983 written notice was issued fifty-five days after injury and was thus clearly untimely under the statute. Katz v. Boston, 1979 Mass. App. … We find no merit in the plaintiffs efforts to impress upon c.84 novel public policy exceptions to the notice requirement which were clearly unintended by the Legislature.

Post v. Kaitz

1999 Mass. App. Div. 20 · Massachusetts District Court, Appellate Division · Jan 28, 1999

However, the statute allows an award of interest from the date of the breach or demand, if established. G.Lc. 231, §6C. A review of the record reveals an absence of an established date of demand. … The defendants have not established that the findings were clearly erroneous. 3.

City of Boston v. Guarino

15 Mass. App. Div. 167 · Massachusetts District Court, Appellate Division · Sep 5, 1950

Clearly, the evidence reported would not require or even warrant such a ruling, since the basic elements of such a bailment were lacking. See Nash v. Lang, 268 Mass. 407, 414 . … In so far as the basic rule of non-liability of municipalities rests on notions of sovereign immunity, as noted above, such immunity is waived where the sovereign or other public agency exercising sovereign powers elects

Oxford Business Brokers, Inc. v. Moriarty

2008 Mass. App. Div. 224 · Massachusetts District Court, Appellate Division · Sep 25, 2008

As to the possibility of the former, her testimony fell short of clearly establishing that her own assets afforded her a sufficient income-to-debt ratio to qualify for personal financing for the, full $180,000.00 balance … The question of what Browne received from Oxford was clearly relevant, and should have been allowed.

Townley v. Williams

1990 Mass. App. Div. 1 · Massachusetts District Court, Appellate Division · Jan 2, 1990

Clearly, the City of Boston, under the circumstances, was subject to G.Lc. 84, § 15. … However, as noted, the legal basis of the trial court's judgment is expressly and clearly set forth.

Dopazo v. Brookline Rent Control Board

1987 Mass. App. Div. 93 · Massachusetts District Court, Appellate Division · May 18, 1987

So long as the resident owner is a bona fide owner of the property, having substantial rights and obligations with respect thereto, such person may qualify as “beneficial owner”. … Findings #6 and #7 clearly are inconsistent with finding #11, and cannot co-exist.

Earnest v. Airport Motors, Inc.

1999 Mass. App. Div. 44 · Massachusetts District Court, Appellate Division · Feb 8, 1999

The qualifying language used by the judge does not take the case out of the general rule. … If appellant contends some other more restrictive sense was intended, he has failed to establish it. For all of the above reasons the appeal is dismissed.

D&D Realty Trust v. Borgeson

2015 Mass. App. Div. 115 · Massachusetts District Court, Appellate Division · Aug 13, 2015

into evidence a November 5, 2010 letter from D&D’s counsel to Borgeson’s lawyer, confirming “that we have received the insurance policies and the insurance broker has confirmed that they are acceptable,” Borgeson did not establish … “If the trial judge makes one of several possible choices of what facts are supported by the evidence, the judge’s choice is not clearly erroneous.” W. Oliver Tripp Co. v. American Hoechst Corp., 34 Mass. App.

DiGregorio v. Commonwealth

1990 Mass. App. Div. 180 · Massachusetts District Court, Appellate Division · Oct 24, 1990

We do not reach the question of whether the trial court’s factual determination of the claimants’ joint residence with their mother and their father was clearly erroneous. … In enacting the statute, the Legislature also made it clear in its definition of qualified dependents that not all who lost support were to be aided.

Kulch v. Jones

56 Mass. App. Dec. 168 · Massachusetts District Court, Appellate Division · Oct 10, 1975

The vehicles involved were private passenger motor vehicles as classified and established by the Commissioner of Insurance. … The plaintiff argues that on the basis of the agreed facts, the motor vehicle operated by the defendant at the time of this accident was clearly registered in the State of California and not registered in the Commonwealth

Shinnick v. Rodibaugh

2007 Mass. App. Div. 106 · Massachusetts District Court, Appellate Division · Jun 26, 2007

Clearly, once the expert testi *108 mony was admitted, the jury were free to credit it wholly, partially, or not at all, as they saw fit. … The medical evidence in its totality was sufficient to establish causation.