Legal Opinion
O'BRIEN v. Massachusetts Bay Transportation Authority
Massachusetts Supreme Judicial Court
Decided July 20, 1989PublishedCited by 39 opinions
1Opinion of the CourtO’Connor, J.
The plaintiff’s ward is mentally ill and has been under legal guardianship since 1976. The plaintiff alleges that on or about January 29, 1986, the ward was injured due to the negligence of an employee of the defendant (MBTA). The plaintiff commenced this action on April 8, 1988. The MBTA moved to dismiss the claim on the ground that it is barred by G. L. c. 161A, § 21 (1986 ed.), the two-year statute of limitations applicable to tort claims against the MBTA. A judge in the Superior Court allowed the motion, reasoning that G. L. c. 260, § 7, the disability tolling statute, “does not apply…
2Cases cited13 opinions
- Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
- Commonwealth v. VickeyMassachusetts Supreme Judicial Court · 1980
- Pobieglo v. Monsanto Co.Massachusetts Supreme Judicial Court · 1988
- Sahf v. Lake Havasu City Ass'n for the Retarded & HandicappedCourt of Appeals of Arizona · 1986
- Rambert v. CommonwealthMassachusetts Supreme Judicial Court · 1983
8 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Ruiz v. Conoco, Inc.Texas Supreme Court · 1994
- Sullivan v. Town of BrooklineMassachusetts Supreme Judicial Court · 2001
- Abels Ex Rel. Hunt v. Genie Industries, Inc.Tennessee Supreme Court · 2006
- McGuinness v. CotterMassachusetts Supreme Judicial Court · 1992
- Commonwealth v. Clerk-Magistrate of the West Roxbury Division of the District Court DepartmentMassachusetts Supreme Judicial Court · 2003
34 more not listed; retrieve them via the Exa API.