Massachusetts Supreme Judicial Court February 13, 1997 (Richardson v. Dailey)

Abrams, J.

A Superior Court judge ruled in favor of the defendants’ motions for summary judgment on the basis that the plaintiff’s claim was barred by § 10 (h) of the Massachusetts Tort Claims Act, G. L. c. 258. The parties concede that G. L. c. 258, § 10 (h), was an inappropriate basis for the allowance of summary judgment. The defendants contend that, although G. L. c.