Keywords: Practice, Civil, Motion to dismiss. Massachusetts Tort Claims Act. Governmental Immunity. School and School Committee, Athletic coach, Liability for tort. Negligence, School, Governmental immunity. Words, “Intervention.”
The Appeals Court in this case considered whether Tort Claims Act § 10(j) is applicable to negligence claims brought by the plaintiffs against the defendant Regional High School District. The plaintiffs’ claims arose out of an injury sustained by the plaintiff, a member of the defendant’s varsity field hockey team, who was struck by a field hockey stick wielded by another team member during a practice session. The Court also considered whether a specific statutory exception to the immunity afforded by § 10(j) permitted the claims to proceed because they are grounded in “the intervention of a public employee which causes injury to the victim or places the victim in a worse position than [s]he was in before the intervention.” G. L. c. 258, § 10(j)(2). The Court concluded the plaintiffs’ claims are barred by § 10(j) and do not come within the saving provision of § 10(j)(2). Click here to read the full decision of the Court.