Alake v. City of Boston

Massachusetts Tort Claims Act. Governmental Immunity. Negligence, Municipality. Municipal Corporations, Liability for tort, Governmental immunity. LENK, J. The plaintiff alleges that she was injured on an escalator at the Blue Line Aquarium subway station as a result of pushing and jostling by a large group 1 of improperly supervised Boston English High School students who were apparently on a field trip. Alleging that the city of Boston (city) provided too few supervisors for the students, and that those supervisors were negligent in carrying out their duties, the plaintiff brought suit in Superior Court under the Massachusetts Tort Claims Act (act), G. L. c. 258. Instead of responding to the plaintiff's interrogatories and request for documents, the city moved for summary judgment on the ground that the claim was barred by the discretionary function exception to governmental tort liability set forth in § 10(b) of the act. 2 The motion Judge denied the plaintiff's motion to stay the defendant's summary judgment motion, and granted summary judgment to the defendant. 3 For the reasons discussed below, we reverse.