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NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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and their public employees (collectively, public defendants).[3] The Appeals Court affirmed that decision in an unpublished memorandum and order issued pursuant to its rule 1:28.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, […]
Leon v. Cormier (Lawyers Weekly No. 11-032-17)
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 16-P-61 Appeals Court NORBERTO A.Y. LEON vs. JESSICA S. CORMIER. No. 16-P-61. Suffolk. November 17, 2016. – March 24, 2017. Present: Hanlon, Sullivan, & Blake, JJ. Divorce and Separation, Parent coordinator. Contempt. Evidence, Refusal to comply with court order. Complaint for divorce filed in the Suffolk Division of the Probate and Family Court Department on September 7, 2011. Complaints for contempt, filed on January 2, 2015, were heard by Abbe L. Ross, J., and motions for relief from judgment were considered by her. Peter A. Kuperstein (Mary Donahue also present) for the mother. Norberto A.Y. Leon, pro se. HANLON, J. A judge of the Probate and Family Court held the mother, Jessica Cormier, in civil contempt for violations of a decision issued by an agreed-upon parent coordinator. Cormier appeals, arguing that the parent coordinator’s decision was not an order or judgment of the court and therefore cannot be enforced by a finding of contempt. After review, we conclude that, at least under the circumstances of this case, the parent coordinator’s decision was, in fact, an order of the court pursuant to the judgment of divorce nisi; we therefore affirm. Background. On November 20, 2012, the parties executed a separation agreement which was incorporated in the corrected judgment of divorce nisi on December 7, 2012, as of November 20, 2012. According to the judgment, the terms of the agreement were given the “full force and effect of an order of [the] [c]ourt.” The agreement provided, among other things, that “[t]he parties may modify the parenting plan by agreement” and, in so doing, agree to use the services of a mutually selected parent coordinator to assist them if they are “unable to agree on any matter related to the parenting plan[,] including educational changes.”[1] The parties also agreed in advance that the decisions of the parent coordinator “[would] be binding on the parties unless altered, modified or terminated by [c]ourt order.” Thereafter, following a series of disputes about several things, including the location where the children were to be picked up and dropped off during custody exchanges, the parties agreed to use the services of the mutually selected parent coordinator. On December 21, 2013, the parent coordinator sent an electronic mail (e-mail) message to the parties, clarifying a […]