O'CONNOR, J.
The complaint, filed in the Superior Court on March 22, 1978, alleges that the plaintiff sustained injuries in a fall on September 20, 1977, resulting from the negligence of one of the defendant's employees for whose conduct the defendant is responsible. On February 2, 1981, the defendant filed a motion for dismissal or summary judgment, which the trial judge treated as a motion for summary judgment. The basis of the motion was that G.L.c. 258 provides...
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