Massachusetts school may be liable for playground injury
In Massachusetts, personal injury claims are not easily made against the government . The Massachusetts Torts Claims Act is the vehicle by which claims are made against a government entity.
Recently, an elementary school student in Massachusetts brought an action against the Reading, Massachusetts school district, alleging that principal's negligent choice of a concrete courtyard as a location for the student's recess caused the student to suffer injury when he fell and hit his face on a concrete bench. At issue was the decision to hold recess in the cement courtyard, which materially contributed to cause the harm. The principal apparently had alternative options, including the school gymnasium, which was equipped with padded walls. The court ruled that the town not immune from being sued, because the principal's decision to hold recess in the courtyard did not rise to the level of policymaking.
The case is called Gennari v. Reading Public Schools, 77 Mass.App.Ct. 762 (2010). The Court noted that: "None of this, of course, is to say that principal Callan's decision was negligent. That has not been proven, and it is a question on which we express no opinion; it is one for the jury." As a result of this decision, summary judgment was denied and the case was allowed to proceed to the next level and be decided by a jury.
In an age of tight fiscal responsibility, this is a good decision for plaintiffs, as an example whereby the Court did not shield the government from liability for a decision made by a school administrator.
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