When the defendant in a Cape Cod personal injury case is a governmental entity, the plaintiff faces an uphill battle. There was a time – back before there were any exceptions to the doctrine of sovereign immunity – when the plaintiff could not recover compensation at all. Now, however, the issue of whether the government has waived sovereign immunity in a particular situation can be a subject of great dispute.
Facts of the Case
The plaintiff in a recent case was a high school athlete (joined in the lawsuit by members of her family) who suffered a concussion and other injuries after being hit by a field hockey stick wielded by a teammate during a practice session. She filed suit against the defendant school district, seeking compensation under the Massachusetts Tort Claims Act. More specifically, the plaintiff alleged that the defendant was negligent in failing to properly train and supervise coaches and students, in not monitoring the plaintiff’s injuries in an appropriate fashion, and in not implementing a written academic re-entry plan following her injuries.