Trioli v. Town of Sudbury

The plaintiffs, Michael J. Trioli, his wife, Theresa, and their minor son, Michael P., brought this action against the town of Sudbury (town) for damages for personal injuries, loss of consortium, emotional distress and loss of parental society. The defendant filed a motion to dismiss under Mass.R.Civ.P. 12(b)(1) (lack of subject matter jurisdiction) and (6) (failure to state a claim upon which relief can be granted), 365 Mass. 755 (1974). The motion was allowed under rule 12(b)(1), a judgment of dismissal was entered, and the plaintiffs appealed.

The judge, in a memorandum and order,…