Legal Opinion

Wightman v. Town of Methuen

Massachusetts Appeals Court

Decided August 9, 1988No. 87-941PublishedCited by 31 opinions

1Opinion of the CourtWarner, J.

In this action for damages for personal injuries resulting from a schoolyard incident, the town of Methuen (town) moved for summary judgment on the ground that it was exempt from liability under the Massachusetts Tort Claims Act, G. L. c. 258, § 10(b), the so-called discretionary function exemption. The motion was allowed, and the plaintiff appeals from the ensuing judgment for the town. We affirm.

We briefly summarize the essential facts as alleged in the materials before the judge and in the light most favorable to the plaintiff (for reasons which will later appear). On the morning of May 3,…

2Cases cited5 opinions

  1. Whitney v. City of WorcesterMassachusetts Supreme Judicial Court · 1977
  2. Vasys v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1982
  3. Weaver v. CommonwealthMassachusetts Supreme Judicial Court · 1982
  4. Cady v. Plymouth-Carver Regional School DistrictMassachusetts Appeals Court · 1983
  5. Lodge v. District Attorney for the Suffolk DistrictMassachusetts Appeals Court · 1985

3Cited by31 opinions

  1. Gilmore v. CommonwealthMassachusetts Supreme Judicial Court · 1994
  2. Krasnow v. AllenMassachusetts Appeals Court · 1990
  3. Alake v. City of BostonMassachusetts Appeals Court · 1996
  4. Robinson v. CommonwealthMassachusetts Appeals Court · 1992
  5. Tambolleo v. Town of West BoylstonMassachusetts Appeals Court · 1993

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