Onofrio v. Department of Mental Health

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “waivers of sovereign immunity must be expressed by the terms of the statute or appear by necessary implication from them”
• distinguishing failure to act in breach of government duty to prevent harm by third parties from affirmative act directly causing plaintiff's harm
• “[njothing in G. L. c. 258 suggests that settlements with joint tortfeasors should be deducted from the $100,000 public employer liability cap rather than from the total damages awarded to the plaintiff”
• construing Massachusetts Tort Claims Act as not authorizing interest against Commonwealth
• “one who takes action ordinarily owes to everyone else who may be affected thereby a duty to act reasonably”
• “General Laws c. 235, § 8 (1990 ed.),which provides that every judgment shall include postjudgment interest, does not apply to claims against the Commonwealth.”

Source: CourtListener parenthetical corpus (CC0).