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KENT v. COMMONWEALTH

437 Mass. 312 (2002)

THOMAS R. KENT & another v. COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 15, 2002.

Attorney(s) appearing for the Case

Crispin Birnbaum, Assistant Attorney General, for the defendants.

Leonard H. Kesten for the plaintiffs.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

CORDY, J.

In this case we hold that a public employer has a right to interlocutory review of the denial of its motion to dismiss based on a claim of immunity, even if the granting of the motion would not dispose of the entire case against it. We also conclude that the Commonwealth's motion to dismiss the plaintiffs' negligence claims should have been granted because, as a matter of law, the decision of the Massachusetts...

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