On February 27 the Supreme Judicial Court ruled that the Lynn Public School Department was not liable under the Massachusetts Tort Claims Act for failing to stop the bullying that resulted in quadriplegia for an elementary student. In the Court’s opinion, Associate Justice Kimberly Budd wrote that G. L. c. 258, § 10 (j) does not impose liability on a municipality for failure of its employees to act to prevent injuries like those the child suffered when a classmate pushed him down a flight of stairs or get him immediate medical attention.
Social Law Library Resources on municipal liability include:
Litigating cases under Chapter 258, the Massachusetts Tort Claims Act . http://encore.socialaw.com/iii/encore/record/C__Rb1138827
Massachusetts Practice Series Volume 18C Municipal Law and Practice http://encore.socialaw.com/iii/encore/record/C__Rb1092157
Massachusetts Tort Law Manual http://encore.socialaw.com/iii/encore/record/C__Rb1144744