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O'BRIEN v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

405 Mass. 439 (1989)

541 N.E.2d 334

RHODA O'BRIEN, guardian, vs. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts, Middlesex.

July 20, 1989.

Attorney(s) appearing for the Case

Michael Q. Geary for the plaintiff.

Jonathan P. Feltner (Thomas M. Niarchos with him) for the defendant.

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

O'CONNOR, J.

The plaintiff's ward is mentally ill and has been under legal guardianship since 1976. The plaintiff alleges that on or about January 29, 1986, the ward was injured due to the negligence of an employee of the defendant (MBTA). The plaintiff commenced this action on April 8, 1988. The MBTA moved to dismiss the claim on the ground that it is barred by G.L.c. 161A, § 21 (1986 ed.), the two-year statute of...

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