BRUM v. DARTMOUTH; KING v. COMMONWEALTH


428 Mass. 684 (1999)

ELAINE BRUM, administratrix, v. TOWN OF DARTMOUTH & others. FRANCES B. KING, administratrix, v. COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Bristol, Suffolk.

January 21, 1999.


Attorney(s) appearing for the Case

John J. Davis for town of Dartmouth & others.

James E. Riley, Jr., for Elaine Brum.

William J. Meade, Assistant Attorney General (Crispin Birnbaum, Assistant Attorney General, with him) for the Commonwealth & another.

Steven D. Frank (Paul K. Flavin with him) for Frances B. King.

The following submitted briefs for amici curiae:

Thomas J. Urbelis & Robert T. Ford for Massachusetts City Solicitors and Town Counsel Association.

Michael J. Long for Massachusetts Association of School Superintendents.

Leonard H. Kesten & Kurt B. Fliegauf for Massachusetts Municipal Association.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


FRIED, J.

These cases raise issues under G. L. c. 258, § 10 (b) and (j), immunity provisions of the Massachusetts Tort Claims Act. The defendants in Brum v. Dartmouth, 44 Mass.App.Ct. 318 (1998), sought further appellate review after the decision of the Appeals Court overturned the Superior Court judge's order granting the defendants' motion to dismiss...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases