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THEISZ v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

SJC-12559.

481 Mass. 1012 (2018)

MATTHEW THEISZ, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.

Supreme Judicial Court of Massachusetts.

December 12, 2018.

Attorney(s) appearing for the Case

Roberto M. Braceras (Amy Bratskeir & Jennifer Minjung Lee Sage also present) for the defendant.

David H. Rich (Benjamin J. Wish also present) for the plaintiff.

Rescript

The plaintiff, Matthew Theisz, commenced this action against the Massachusetts Bay Transportation Authority (MBTA) and Derek Smith, an MBTA bus driver, alleging that Smith assaulted him. In the complaint, Theisz asserted two claims against the MBTA: negligent hiring, training, and supervision; and vicarious liability. The MBTA answered Theisz's complaint and then subsequently filed a motion for judgment on the pleadings, arguing that Theisz had failed to...

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