THEISZ v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY

No. 23-P-111.

103 Mass. App. Ct. 822 (2024)

MATTHEW THEISZ v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY & another.

Appeals Court of Massachusetts.

March 15, 2024.


Attorney(s) appearing for the Case

David A. Mills & John J. Bonistalli for Massachusetts Bay Transportation Authority.

Frank J. Federico, Jr. ( Michael P. Holden also present) for the plaintiff.

Present: Rubin, Massing, & Desmond, JJ.


The plaintiff, Matthew Theisz, brought an action under the Massachusetts Tort Claims Act (MTCA), G. L. c. 258, alleging that the defendant public employer, the Massachusetts Bay Transportation Authority (MBTA), was negligent in hiring, training, supervising, and retaining its employee, defendant Derek Smith, resulting in a violent incident...

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