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THORNTON v. COMMONWEALTH

No. 89-P-69.

28 Mass. App. Ct. 511 (1990)

552 N.E.2d 601

BOBBIE J. THORNTON, administratrix, vs. COMMONWEALTH.

Appeals Court of Massachusetts, Suffolk.

April 17, 1990.

Attorney(s) appearing for the Case

Neil Sugarman for the plaintiff.

Michelle Kaczynski, Assistant Attorney General, for the Commonwealth.

Present: PERRETTA, KASS, & FINE, JJ.

KASS, J.

While committed to the Department of Youth Services (DYS), Mark David Thornton (Mark) drowned in a canoe accident. The tragedy occurred during a camping trip run by Tri-County Youth Programs, Inc. (Tri-County), an independent contractor to DYS which carried on residential programs for delinquent youths. Assuming Tri-County was solely negligent, the question presented is whether DYS had a nondelegable duty of care to Mark and whether the Commonwealth, therefore...

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