Case law

Shank v. Town of Townsend

11 Mass. L. Rptr. 523 · Massachusetts Superior Court · Apr 26, 2000

The performance of almost any function involves some exercise of discretion but not all functions qualify for § 10(b) immunity. See Harry Stoller & Co., Inc. v. … established standards of tort liability apply.

Commerce Insurance v. J&J Builders, LLC

30 Mass. L. Rptr. 483 · Massachusetts Superior Court · May 30, 2012

The defendant J&J Builders, LLC is a dissolved limited liability company (hereinafter “LLC”) originally established pursuant to G.L. Ch. 156C. … The undisputed facts .establish that in or about 2006, J&J Builders, LLC engaged in the construction of the Luzitania Court Condominiums in Gloucester, Massachusetts.

Suzanne A v. Clarke

1 Mass. L. Rptr. 459 · Massachusetts Superior Court · Jan 19, 1994

“[PJroceedings, reports, findings and records” of a PRC “(shall not] be immune from subpoena, discovery or use as evidence in any proceeding against a member of such committee to establish a cause of action pursuant to [G.L.c … The statute clearly excludes from its protection documents which were not generated by a PRC, but rather were presented to the PRC from other sources and are “otherwise available” from such original sources.

Bruenell v. Harte-Hanks Communications, Inc.

3 Mass. L. Rptr. 127 · Massachusetts Superior Court · Dec 5, 1994

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege specific facts establishing the existence of a material fact in order to defeat the motion. … Massachusetts law recognizes that this qualified privilege allows those who fairly and accurately report certain types of official or governmental action to be immune from liability for claims arising out of such reports.

Blake v. Howland

26 Mass. L. Rptr. 335 · Massachusetts Superior Court · Dec 2, 2009

Qualified Immunity Blake has sued all of the Defendants in both their official and individual capacities, except for Michael Thomas, who is sued only his individual capacity. 21 The doctrine of qualified immunity shields … It is recognized that the qualified immunity standard gives “ample room for mistaken judgments by protecting all but the plainly incompetent or those who knowingly violate the law.” Hudson v.

White v. Holton

1 Mass. L. Rptr. 213 · Massachusetts Superior Court · Oct 4, 1993

As LaLonde clearly notes, however, this immunity has only been extended to officers acting “at a judge’s direction.” Id. at 211 . … In her reply memorandum, however, the defendant says that she does not contend that she has an absolute immunity but rather a qualified immunity. (Defendant’s reply memorandum, p. 15.)

Licari v. Ferruzzi

3 Mass. L. Rptr. 577 · Massachusetts Superior Court · Apr 27, 1995

immunity. … Colonial does allege a violation of at least one clearly established legal right, i.e. that Ferruzzi’s revocation of the building permits violated state law because he was ordered to do so by the Planning Board and “a building

Powers v. Mukpo

10 Mass. L. Rptr. 535 · Massachusetts Superior Court · Sep 27, 1999

Discussion The DeCiccos’ principal argument is that the release signed by Powers entitles them to immunity from *537 suit. I agree. … See §2D(d)(2). 8 Powers’s second contention is that the release is ambiguous because it does not clearly delineate the contracting parties.

Clermont v. Fallon Clinic, Inc.

16 Mass. L. Rptr. 325 · Massachusetts Superior Court · May 15, 2003

The HCQIA grants qualified immunity to professional review bodies, and others who participate in the review action, provided that the professional review is taken: (1) in the reasonable belief that the action was in the furtherance … Clearly, a corporation cannot be held liable for interference with contractual relations between itself and its employees. Appley v. Locke, 396 Mass. 540, *332 543 (1986).

Jarry v. Medical Malpractice Professional Insurance

4 Mass. L. Rptr. 343 · Massachusetts Superior Court · May 16, 1995

Charitable Immunity Defendant claims that it is a non-profit charity and thus is entitled to a limitation of its liability to $20,000 as provided in G.L.c. 231, §85K. … In order to qualify for this limitation, MMPIA must establish that it is a charity within the meaning of the statute. This Court finds that the MMPIA is not a charity within the meaning of the statute.

MacGregor v. Born

21 Mass. L. Rptr. 353 · Massachusetts Superior Court · Aug 17, 2006

The continued identification and verification of the altered immune response seen in patients with ASD is clearly required.” P. 560-61. … immune reactions.”

LeMay v. Dubois

8 Mass. L. Rptr. 289 · Massachusetts Superior Court · Mar 23, 1998

Qualified Immunity The defendants argue that they are entitled to qualified immunity because their actions were taken in good faith and did not violate any clearly established law. … plaintiffs rights were violated, the law is clearly established.

Estate of Walenty v. Commonwealth

12 Mass. L. Rptr. 402 · Massachusetts Superior Court · Oct 4, 2000

The use of the word “may” and of the phrase “in its opinion” clearly grant to the Commonwealth’s highway department discretion to decide where lights are needed. *404 The second prong of the Stoller test requires a determination … of whether the discretion is of a type for which the statute provides immunity.

Quinn-Weinstein v. Kelly

2 Mass. L. Rptr. 401 · Massachusetts Superior Court · Jul 1, 1994

In both the Florio and the Williams cases, the defendants submitted affidavits clearly establishing that they were medical residents working for public institutions. … Clearly all three doctors were residents, and to them we can safely apply the general rule that medical residents are servants of the hospital. Kelly v.

Pasquale v. Reading Municipal Light Department

18 Mass. L. Rptr. 370 · Massachusetts Superior Court · Sep 27, 2004

“If the moving party establishes the absence of a triable issue, the party opposing the motion must respond and allege facts which would establish the existence of a genuine issue of material fact in order to defeat [the … In addition, headaches or nausea could qualify if they lasted for a substantial period of time. Id.

Basore v. Ayvazian

25 Mass. L. Rptr. 57 · Massachusetts Superior Court · Dec 11, 2008

The Coombes court indicated clearly that the suit was not one of medical malpractice since there was lacking, as in the present case, a physician-patient relationship between the patient and defendant. … Three Sons, Inc., 353 Mass. 498, 501 (1968) (negligence of an establishment serving alcohol extended to a motorist killed in a collision with automobile driven by patron who became intoxicated at the establishment).

Yerrick v. Kelley

4 Mass. L. Rptr. 599 · Massachusetts Superior Court · Dec 15, 1995

sheltering effect of charitable immunity. … Churches and clergymen are, however, not entirely immune from judicial scrutiny.

Doe ex rel. Doe v. Nashoba Regional School District

20 Mass. L. Rptr. 131 · Massachusetts Superior Court · Oct 12, 2005

Public school authorities clearly have discretion in making decisions about whether to promote or keep behind the students in their schools. … If a plaintiff alleges harm resulting from the adoption of such a policy, the conduct of any of the municipal employees or officials involved in establishing the policy would be immune from liability under section 10(b).

Manter v. Abdelhad

32 Mass. L. Rptr. 709 · Massachusetts Superior Court · Nov 7, 2014

This rule cannot rationally be construed to mean that all otherwise immunized volunteers forfeit their immunity, and are fully susceptible to suit, any time that noneconomic losses are claimed. … The Church could, of course, qualify as a covered nonprofit organization without being a tax-exempt entity under Section 501(c)(3) of the Internal Revenue Code.

Hamani v. Commonwealth of Executive Office of Public Safety & Security

32 Mass. L. Rptr. 416 · Massachusetts Superior Court · Dec 11, 2014

“Although the Act has abrogated the Commonwealth’s immunity in tort actions in most circumstances, the Legislature, ‘for reasons of public policy, chose to preserve sovereign immunity for certain claims, irrespective of their … In addition, the legislature has established similar two-tier damages regimes in other statutes.