Gutierrez v. Massachusetts Bay Transportation Authority

The parties to this appeal have been before this court, Gutierrez v. Massachusetts Bay Transp. Auth., 437 Mass. 396 (2002) (Gutierrez T), previously, and the material facts of their dispute are described in that decision. In summary, Daniella Gutierrez and her sister, Dominique Gutierrez, were arrested by the Massachusetts Bay Transportation Authority (MBTA) police following an altercation at an MBTA station. In the course of her arrest, Daniella’s arm was broken. A Superior Court jury found that MBTA Officer Giancarlo Cantella “negligently injured” Daniella, and “awarded her damages in the…