Acevedo v. Musterfield Place, LLC

June 11, 2018 by Justia

Neither a controlled affiliate nor the manager of a controlled affiliate is a “public employer” as defined in the Tort Claims Act (Act), Mass. Gen. Laws ch. 258, 2.Plaintiff allegedly injured himself when he slipped and fell while descending stairs at his apartment in a public housing development. Plaintiff filed a complaint against the Farmington Housing Authority (authority); Musterfield Place, LLC, a controlled affiliate of the authority, which owns the property (owner); and FHA Musterfield Manager, LLC, the managing agent for the owner (manager). The owner and manager moved for partial summary judgment arguing that they should be deemed public employers under the Act and therefore may not be held liable for damages in excess of $100,000. The trial judge denied the motion. The Supreme Court affirmed, holding that the owner and manager were not public employers under the facts of this case. View "Acevedo v. Musterfield Place, LLC" on Justia Law