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GONSALVES v. COMMONWEALTH

No. 88-P-402.

27 Mass. App. Ct. 606 (1989)

541 N.E.2d 366

MARGARET M. GONSALVES vs. COMMONWEALTH.

Appeals Court of Massachusetts, Dukes County.

July 25, 1989.

Attorney(s) appearing for the Case

Richard K. Latimer for the plaintiff.

Apolo J. Catala, Assistant Attorney General Stanley E. Adelman, Special Assistant Attorney General, with him) for the Commonwealth.

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

KASS, J.

During her training at the Framingham State Police Academy (the Academy), Margaret M. Gonsalves, a freshly minted officer in the Tisbury police department, hurt her left pinky finger while playing a prescribed game, "bombardment." She claims a right to maintain an action against the Commonwealth (the Academy is an agency of the Commonwealth), asserting that considerations of public policy override an express allocation of liability by the Academy to the town...

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