Williams v. Bresnahan

The plaintiff appeals from the entry of summary judgment in this medical malpractice action. The defendants are house officers (residents) at Boston City Hospital. 2 The sole issue on appeal is whether the judge erred in ordering sum mary judgment for the house officers (the defendants here) on the ground that they were immune from liability as public employees.

The Massachusetts Tort Claims Act “imposes liability on a public employer for a public employee’s negligent act performed within the scope of his employment and relieves the public employee from liability.” Schenker v. Binns, 18 Mass.…