Founds v. Bd. of Trs. of Se. Massachusetts Univ., 431 N.E.2d 965 (Mass. App. Ct. 1982). · Go Syfert
Search
Founds v. Bd. of Trs. of Se. Massachusetts Univ., 431 N.E.2d 965 (Mass. App. Ct. 1982). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Retrieving the full opinion text from the archive…
Cynthia Founds & another
v.
Board of Trustees of Southeastern Massachusetts University
Massachusetts Appeals Court.
Mar 3, 1982.
431 N.E.2d 965
Michael E. Alexander for the plaintiffs., Walter R. Smith for the defendant.
Published

1. The plaintiff has failed to state a claim for relief in tort because the university was at the time of the incident in question immune from liability on the basis of sovereign immunity. See, e.g., Hannigan v. New Gamma-Delta Chapter of Kappa Sigma Fraternity, Inc., 367 Mass. 658, 659 (1975). See also Kerlinsky v. Commonwealth, 7 Mass. App. Ct. 910 (1979).

Michael E. Alexander for the plaintiffs. Walter R. Smith for the defendant.

Nor does the plaintiff state a claim in contract because it cannot be found on the evidence, as is necessary, that the plaintiff had enrolled in (or even applied for) any course or program at the defendant institution leading to a master’s degree in education. See Mahavongsanan v. Hall, 529 F.2d 448, 450 (5th Cir. 1976). Contrast Peretti v. Montana, 464 F. Supp. 784, 787 (D. Mont. 1979).

2. As the principal plaintiff has failed to state any legally cognizable claim against the Board of Trustees, the derivative claim of her spouse likewise fails.

3. Deciding this matter as we do on the merits, we find it unnecessary to discuss any of the procedural points raised in this appeal.

Judgment affirmed.