WHEELER v. BOSTON HOUSING AUTHORITY

No. 91-P-901.

34 Mass. App. Ct. 36 (1993)

606 N.E.2d 916

TINA M. WHEELER vs. BOSTON HOUSING AUTHORITY.

Appeals Court of Massachusetts, Suffolk.

January 25, 1993.


Attorney(s) appearing for the Case

Emanuel Howard for the plaintiff.

Anthony R. Zelle (Caesar P. Cardozo with him) for the defendant.

Martin J. Rooney & Valda Alden Winsloe, for Somerville Housing Authority & others, amici curiae, submitted a brief.

Present: WARNER, C.J., PORADA, & LAURENCE, JJ.


PORADA, J.

After the plaintiff was shot in the arm during an exchange of gunfire between unknown persons on the rooftop and on the ground level parking area of a building owned by the defendant at 41 Franklin Hill Avenue in the Dorchester section of Boston, the plaintiff filed suit in the Superior Court against the defendant under the Massachusetts Tort Claims Act, G.L.c. 258. The plaintiff claimed the defendant was negligent in failing to provide adequate security...

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