Matthew Theisz v. Massachusetts Bay Transportation Authority

Summary

The court held that the Massachusetts Tort Claims Act does not immunize the MBTA from claims that its own negligent hiring, promotion, retention, training, and supervision of a public-facing bus driver materially contributed to a passenger's injuries. Section 10 (j) does not apply because the plaintiff was directly injured by an on-duty public employee, and section 10 (c) bars only vicarious liability for the employee's intentional assault, not claims based on the employer's independent negligence. The court affirmed the denial of summary judgment and remanded for further proceedings.