Municipal Liability

02/15/2011- Robinson Donovan Case Digest

By Attorney David Lawless

In what appears to be a departure from settled law in this area, in Gennari v. Reading Public Schools, the Massachusetts Appeals Court recently ruled in favor of a plaintiff in a suit alleging that the Reading Public Schools was negligent for allowing elementary school students to play in a concrete courtyard during recess. The plaintiff was injured while running when he was pushed from behind by a fellow student and fell into a corner of a concrete bench. In upholding the denial of the Reading Public Schools' motion for summary judgment, the Appeals Court rejected the application of two defenses provided to municipal defendants by the Massachusetts Tort Claims Act (the "MTCA").

The Reading Public Schools relied on a provision of the MTCA Act which bars claims where the "condition or situation" causing harm is not "originally caused" by the municipal defendant. The Appeals Court held that although the push that the plaintiff received was "the more immediate cause of the injury," the principal's decision to hold recess in the courtyard "materially contributed to the 'condition or situation' that caused the harm."

The Court also rejected the school system's argument that the choice to hold recess in the courtyard was a "discretionary function," not subject to suit under the MTCA, because it represented the allocation of scarce resources and a policy preference for "fresh air" over potentially safer indoor alternatives. The Court held that the principle's decision was merely an "ad hoc" application of pre-existing policies that mandated recess and charged her with the safety of pupils.

This article is a general summary only and does not constitute legal advice.

David S. Lawless is an attorney at Robinson Donovan, P.C. If you would like further information about municipal liability, please contact your RD attorney or Attorney Lawless at (413) 732-2301.