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MORRISSEY v. NEW ENGLAND DEACONESS ASSOCIATION — ABUNDANT LIFE COMMUNITIES, INC.

No. SJC-10672.

458 Mass. 580 (2010)

JOHN N. MORRISSEY, trustee, v. NEW ENGLAND DEACONESS ASSOCIATION — ABUNDANT LIFE COMMUNITIES, INC., & others; MAROIS BROS., INC., third-party defendant.

Supreme Judicial Court of Massachusetts, Middlesex.

December 22, 2010.

Attorney(s) appearing for the Case

Howard R. Meshnick, Assistant Attorney General, for Executive Office of Transportation and Public Works.

John N. Morrissey, pro se.

David M. Moore, City Solicitor, & Andrew J. Abdella, Assistant City Solicitor, for city of Worcester, amicus curiae, submitted a brief.

Thomas J. Urbelis & Juliana deHaan Rice, for City Solicitors and Town Counsel Association, amicus curiae, submitted a brief.

Present: IRELAND, SPINA, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

In the present case, here on direct appellate review, we consider whether the tort of private nuisance falls within the purview of the Massachusetts Tort Claims Act (Act), G. L. c. 258, and, if so, whether such a claim brought by John N. Morrissey, on behalf of the JNM 2006 Trust, against, among others, the Executive Office of Transportation and Public Works (Commonwealth)3 is barred by the exceptions to the waiver of sovereign...

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