Resident who allegedly slipped and fell in public housing development, suffering serious injuries, brought action against city housing authority, a controlled affiliate of the authority which owned the property, and the managing agent.
The Superior Court Department denied affiliate and manager’s motion for summary judgment, and they appealed.
The Supreme Judicial Court of Massachusetts held that controlled affiliate of housing authority, and the sole member of the controlled affiliate’s manager, were not “public employers” for purposes of the Tort Claims Act, but rather, were private limited liability companies (LLC) that were not entitled to sovereign immunity from personal injury claims brought by resident of public housing development who allegedly suffered serious injuries in a slip and fall.