McInnis v. Town of Tewksbury

On September 21, 1978, when he was twelve years old, David Mclnnis suffered a fractured ankle while performing a running long jump in a public school gym class. David and his father brought this action under G. L. c. 258 against the town of Tewksbury, alleging that the negligence of David’s gym teacher caused the injuries suffered by David and the consequential damages sustained by his father. A jury in the Superior Court found in favor of both plaintiffs and awarded damages in the amount of $40,000 for David and $20,000 for his father. On appeal, the town argues that there was insufficient…