Morrissey v. New England Deaconess Ass'n - Abundant Life Communities, Inc.

In the present case, here on direct appellate review, we consider whether the tort of private nuisance falls within the purview of the Massachusetts Tort Claims Act (Act), G. L. c. 258, and, if so, whether such a claim brought by John N. Morrissey, on behalf of the JNM 2006 Trust, against, among others, the Executive Office of Transportation and Public Works (Commonwealth)3 is barred by the exceptions to the waiver of sovereign immunity set forth in G. L. c. 258, § 10 (b) and (e). For the reasons that follow, we conclude that an action for private nuisance against the Commonwealth is subject…