Green v. Commonwealth

This appeal by the Commonwealth raises the question whether the general immunity from tort liability which the Commonwealth enjoyed prior to the effective date of St. 1978, c. 512 (the Massachusetts Tort Claims Act), was subject to an exception for tortious acts arising from activities of a proprietary rather than governmental nature. Because two recent cases decided by different panels of this court, Kerlinsky v. Commonwealth, 7 Mass. App. Ct. 910 (1979), and Clarke v. Metropolitan Dist. Commn., 11 Mass. App. Ct. 955 (1981), reached results which were in tacit conflict with respect to that…