Cormier, et al. v. City of Lynn, et al. (Lawyers Weekly No. 10-033-18)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC-12323 ALYSSA CORMIER & another[1] vs. CITY OF LYNN & others.[2] Essex. November 9, 2017. – February 27, 2018. Present: Gants, C.J., Gaziano, Lowy, & Budd, JJ. Massachusetts Tort Claims Act. Governmental Immunity. Municipal Corporations, Liability for tort, Governmental immunity. School and School Committee, Liability for tort. Negligence, Governmental immunity. Civil action commenced in the Superior Court Department on March 2, 2011. A motion to dismiss was heard by Robert N. Tochka, J. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. Douglas K. Sheff (Sara W. Khan, Frank J. Federico, Jr., & Donald R. Grady, Jr., also present) for the plaintiffs. James P. Lamanna, Assistant City Solicitor (George S. Markopoulos, Assistant City Solicitor, also present) for city of Lynn. Gary Buseck, Patience Crozier, & Joseph N. Schneiderman, for GLBTQ Legal Advocates & Defenders, amicus curiae, submitted a brief. BUDD, J. Bullying is a persistent, pernicious problem in our schools — it can cause emotional and, at times, physical harm. In this case, Matthew Mumbauer suffered both. Matthew was a public elementary school student in Lynn when he was pushed down a stairwell at school by a classmate. Matthew’s fall led to a spinal injury, resulting in permanent paralysis. He and his parents, Alyssa Cormier and James Mumbauer (collectively, plaintiffs), brought claims against a number of defendants in connection with the incident and Matthew’s subsequent medical care. A Superior Court judge allowed a motion to dismiss all claims against the city of Lynn, Lynn Public Schools (school district), and their public employees (collectively, public defendants).[3] The Appeals Court affirmed that decision in an unpublished memorandum and order issued pursuant to its rule 1:28. Cormier v. Lynn, 91 Mass. App. Ct. 1101 (2017). We allowed the plaintiffs’ motion for further appellate review, limited to whether the Massachusetts Tort Claims Act (act), G. L. c. 258, § 10 (j), bars the plaintiffs from bringing claims against the public defendants in relation to this incident. Thus, the issue that we must decide is not whether the school was negligent for failing to act reasonably to prevent the bullying that led to Matthew’s injuries; the complaint alleges that it was, and for purposes of this appeal, we accept that allegation as true. Rather, […]