IRWIN v. WARE


392 Mass. 745 (1984)

467 N.E.2d 1292

DEBBIE L. IRWIN & others vs. TOWN OF WARE.

Supreme Judicial Court of Massachusetts, Hampshire.

August 15, 1984.


Attorney(s) appearing for the Case

David A. Wojcik (John A. Mavricos with him) for the defendant.

Alan R. Goodman & Joseph Glannon for the plaintiffs.

Peter A. Donovan, David S. Shrager of Pennsylvania, Thomas F. Lambert, Jr., Camille F. Sarrouf & Frederick N. Halstrom, for Association of Trial Lawyers of America, amicus curiae, submitted a brief.

Demitrios M. Moschos, for Massachusetts Municipal Association, amicus curiae, submitted a brief.

Michael F. Magistrali, Assistant Corporation Counsel, & Crispin Birnbaum for the city of Boston, amicus curiae, submitted a brief.

Philip W. Bouchard, for Mothers Against Drunk Drivers, amicus curiae, submitted a brief.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


HENNESSEY, C.J.

The plaintiffs commenced this action against the defendant town of Ware (town), under G.L.c. 258. They charge that police officers of the town negligently failed to take into protective custody a motor vehicle operator who was under the influence of intoxicating liquor and who subsequently caused an accident resulting in harm to the plaintiffs. The jury returned special verdicts for the plaintiffs in the...

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