Gage v. City of Westfield
532 N.E.2d 62 (Cite as: 26 Mass.App.Ct. 681, 532 N.E.2d 62)
Appeals Court of Massachusetts, Hampden.
Pauline A. GAGE, administratrix, [FN1] FN1. Of the estate of Peter Gage.
CITY OF WESTFIELD (and three companion cases [FN2]).
FN2. The companion cases were brought by Gage (as administratrix) against Consolidated Rail Corporation and George Munger, by Joseph A. Lajeunesse and Edna M. Lajeunesse (administrators of the estate of Theresa Marie Lajeunesse) against the city, and by the Lajeunesses (as administrators) against the railroad and Munger.
Argued Oct. 19, 1988.
Decided Dec. 23, 1988.
Wrongful death action was commenced by survivors of youths who were hit by train after leaving city park. The Superior Court, Hampden County, John F. Moriarty, J., entered summary judgment in favor of railroad and city and survivors appealed. The Appeals Court, Fine, J., held that:
(1) Tort Claims Act exceptions exempted city from liability; (2) railroad was not liable for negligence; and (3) survivors presented sufficient evidence, which if admissible, might warrant finding of recklessness so as to entitle them to at least preliminary hearing to determine facts relevant to evidentiary issues; and (4) recovery could not be had for conscious pain and suffering due to preimpact fright.
Affirmed in part, reversed in part.
Leonard F. Zandrow (Robert L. Farrell & Richard L. Neumeier, Boston, with him), for Consol. Rail Corp. & another.
Click here for the entire case on Google Scholar.