Richardson v. Dailey

A Superior Court judge ruled in favor of the defendants’ motions for summary judgment on the basis that the plaintiff’s claim was barred by § 10 (h) of the Massachusetts Tort Claims Act, G. L. c. 258. The parties concede that G. L. c. 258, § 10 (h), was an inappropriate basis for the allowance of summary judgment. The defendants contend that, although G. L. c. 258 is inapplicable, the allowance of their motions for summary judgment should be affirmed. See Aetna Cas. & Sur. Co. v. Continental Cas. Co., 413 Mass. 730 (1992). We transferred the case to this court on our own motion. We affirm the…