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HEARN v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

389 Mass. 404 (1983)

450 N.E.2d 602

CHRISTOPHER HEARN vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 10, 1983.

Attorney(s) appearing for the Case

James B. Krasnoo for the plaintiff.

Barbara A. Fay (James G. Fay with her) for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, NOLAN, & LYNCH, JJ.

NOLAN, J.

We are asked to declare that the two-year statute of limitations (G.L.c. 161A, § 211) governing actions for death, personal injury, or property damage against the Massachusetts Bay Transportation Authority (MBTA) is unenforceable.2 We decline to do so.

The plaintiff was struck by a bus, the property of the MBTA, on June 30, 1979, while he was...

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