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SCHENKER v. BINNS

18 Mass. App. Ct. 404 (1984)

466 N.E.2d 131

HENRY SCHENKER vs. MICHAEL BINNS & another.

Appeals Court of Massachusetts, Worcester.

July 23, 1984.

Attorney(s) appearing for the Case

James L. Clifford for the plaintiff.

Robert V. Deiana for the defendants.

Present: ARMSTRONG, CUTTER, & DREBEN, JJ.

DREBEN, J.

The general structure of G.L.c. 258, the Massachusetts Tort Claims Act (Act), imposes liability on a public employer for a public employee's negligent act performed within the scope of his employment and relieves the public employee from liability. See G.L.c. 258, § 2, set forth in relevant part in the margin.2 The question before us is whether by casting what is essentially...

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