Clarke v. Metropolitan District Commission

The plaintiff brought this action in the Superior Court to recover damages for the wrongful death of her son who drowned on July 18, 1977, in a swimming pool operated by the Metropolitan District Commission (MDC). On motion of the defendant, the court below entered a judgment on the pleadings pursuant to Mass.R.Civ.P. 12(c), 365 Mass. 756 (1974), based on the immunity of subdivisions of the Commonwealth from tort liability prior to August 16, 1977. The plaintiff appealed. We conclude that the judge erred in allowing the defendant’s motion.

The complaint alleged that the defendant, a political…