Tilton v. Town of Franklin

The plaintiff Daniel Tilton, II (Daniel), and his parents brought this action to recover damages for their emotional distress and related costs of psychological counseling. After answering, the town filed a motion for summary judgment under Mass.R.Civ.P. 56(b), 365 Mass. 824 (1974), which was allowed. The pleadings were not verified, however, and no depositions, answers to interrogatories, or affidavits were filed in support of the motion. Most of the essential allega*111tians of the complaint were denied in the town’s answer. It is apparent from the record, which includes the briefs that the…