Stahr v. Lincoln Sudbury Regional High School District
Massachusetts Appeals Court
1Opinion of the CourtAgnes, J.
*243 The principle that "if there is tortious injury there is liability" is one of long standing in Massachusetts when the parties are private actors. Historically, however, the principle had no application when the negligent actors were employees of State or local government, because their employers were shielded from such lawsuits based upon the ancient doctrine of sovereign immunity.
*244 Morash & Sons v. Commonwealth , 363 Mass. 612 , 618-619, 296 N.E.2d 461 (1973). With the adoption of the Massachusetts Tort Claims Act in 1978, G. L. c. 258 (act), inserted by St. 1978, c. 512, § 15, the…
2Cases cited14 opinions
- Brum v. Town of DartmouthMassachusetts Supreme Judicial Court · 1999
- Curtis v. Herb Chambers I-95, Inc.Massachusetts Supreme Judicial Court · 2011
- Morash & Sons, Inc. v. CommonwealthMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. Zone Book, Inc.Massachusetts Supreme Judicial Court · 1977
- Kent v. CommonwealthMassachusetts Supreme Judicial Court · 2002
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3Cited by6 opinions
- Reid v. City of BostonMassachusetts Appeals Court · 2019
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- Doe v. Town of StoughtonDistrict Court, D. Massachusetts · 2020
- Hayes v. Town of DaltonDistrict Court, D. Massachusetts · 2025
- Paradis v. FrostMassachusetts Appeals Court · 2023
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