McINNIS v. TEWKSBURY


19 Mass. App. Ct. 310 (1985)

473 N.E.2d 1160

DAVID McINNIS & another vs. TOWN OF TEWKSBURY.

Appeals Court of Massachusetts, Middlesex.

February 1, 1985.


Attorney(s) appearing for the Case

Charles J. Zaroulis, Town Counsel, for the defendant.

Ronald I. Bell for the plaintiffs.

Present: GREANEY, C.J., KASS, & FINE, JJ.


FINE, J.

On September 21, 1978, when he was twelve years old, David McInnis suffered a fractured ankle while performing a running long jump in a public school gym class. David and his father brought this action under G.L.c. 258 against the town of Tewksbury, alleging that the negligence of David's gym teacher caused the injuries suffered by David and the consequential damages sustained by his father. A jury in the Superior Court found in favor of both plaintiffs and...

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