Appeals Court: BRYNA S. KLEVAN v. CITY OF NEWTON

KeywordsPractice, Civil, Summary judgment. Sewer. Municipal Corporations, Sewers. Massachusetts Tort Claims Act. Governmental Immunity. Negligence, Governmental immunity, Duty to warn.

The Appeals Court, in an interlocutory appeal of a denial of immunity defenses raised by Newton in a case involving water and sewerage infiltrating the Plaintiffs home, reversed the Superior Court’s denial of summary judgment which was based on exemptions 10 (b) and 10 (j) of the Tort claims act.  The Appeals Court’s reversal was “because in our view § 10 (j) operates to bar the plaintiff’s claim.”  The Appeals Court only addressed section 10 (b) (discretionary function) in footnotes to the case, since its holding on 10 (j) was dispositive of the appeal.  Congrats to Newton Assistant City Solicitor (and MMLA Amicus Chair) Maura O’Keefe on this important win for municipalities.  Click here for the full decision of the Appeals Court.

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