· 3/9/1992
Harry Stoller & Co. v. City of Lowell
Citations
- 587 N.E.2d 780
- 412 Mass. 139
- 1992 Mass. LEXIS 139
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that city's decision whether to allocate funds to hire firefighters was an immune planning decision
- observing that the size of a fire department involves “policy considerations, especially the allocation of financial resources”
- declining to follow Cady v. Plymouth-Carver Regional School Dist., 17 Mass.App.Ct. 211 (1983)
- examining discretionary function in the context of the analogous Massachusetts Tort Claims Act
- no immunity where fire fighters chose not to use buildings’ sprinkler systems to fight fire and negligently failed to conform to generally accepted firefighting practices
- no policy determination in firefighters’ discretion to use sprinkler systems in addition to hoses
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Wilkins, Abrams, Nolan, Lynch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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