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ALLEN v. CITY OF BOSTON

No. 97-P-0147.

44 Mass. App. Ct. 679 (1998)

PHYLLIS ALLEN, administratrix, v. CITY OF BOSTON.

Court of Appeals of Massachusetts, Suffolk.

May 1, 1998.

Attorney(s) appearing for the Case

Joseph L. Duffy, Jr., for the plaintiff.

Krisna M. Basu, Assistant Corporation Counsel, for the defendant.

Present: WARNER, C.J., KAPLAN, & GILLERMAN, JJ.

KAPLAN, J.

This is a wrongful death action in which the plaintiff administratrix, mother of the decedent, Kingsley Fitzroy Allen, alleges that her son's death was brought about through the negligence of the defendant city of Boston or its employees. After answering the third amended complaint, the defendant moved for summary judgment. It defended by reference to the immunities of public employers from suit set out in G. L. c. 258, § 10(b) (exercise of discretionary...

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