Boston Accident and Injury Lawyer
The Massachusetts Appeals Court has reversed a trial court’s dismissal of a Court Officer’s claim for ‘Assault Pay’. The Court Officer had alleged in his action that he is entitled to ‘Assault Pay’ under a law granting additional compensation benefits to state employees injured by “acts of violence [by] patients or prisoners in his custody”.
The Court Officer had been assigned to a courtroom in the Middlesex Division of the Probate and Family Court. When a case was called, eighteen to twenty people entered the courtroom with one of the litigants and began making statements directed at the judge from the gallery. The judge took a recess and requested additional court officers, as well as Cambridge police officers, to assist subduing the crowd. Persons in the courtroom were directed to vacate or face arrest. Cambridge police then began arresting individuals who had refused to leave the courtroom. The Court Officer was injured while assisting in the arrest of an individual who refused to leave, and was taken to the hospital by ambulance. The Court Officer later filed an action against the Commonwealth to recover for his injuries.
The lower court subsequently allowed the Commonwealth’s motion for summary judgment. The Appeals Court reversed and remanded, reasoning that the trial court incorrectly converted the 12(b)(6) motion to dismiss into a motion for summary judgment and failed to follow caselaw related to other similar statutes. Interpreting the ‘Assault Pay’ statute, the Appeals Court reviewed the Workers Compensation Act and other similar statutes, which contain similar language. Historically, these statutes have been interpreted broadly to accomplish their primary and beneficial functions.
The five year study, lead by Boston University epidemiologist, Ann Aschengrau, first examined water pipes in the Cape Cod towns where the vinyl plastic coating was applied and found that large amounts of the PCE remained in the pipes and leaked into the drinking water. Manufacturers incorrectly believed that the PCE would disappear during the drying process. Upon discovery, the towns have taken steps to clear the pipes through a flushing process, but citing excessive costs, the pipes were never replaced.