Jean W. v. Commonwealth

(concurring, with whom Nolan and Lynch, JJ., join). I agree that the decision dismissing the complaint should be reversed and the case should be remanded. I reach that result, however, by an entirely different route from the one taken by some of my colleagues. In my view, the plaintiffs’ complaint sets forth a viable claim under the principles articulated in Onofrio v. Department of Mental Health, 408 Mass. 605 (1990), S.C., 411 Mass. 657 (1992). The resolution of this appeal does not require acceptance or abandonment of the public duty “nonrule” that has evolved in this Commonwealth…