Walker v. Massachusetts Bay Transportation Authority
Walker v. Massachusetts Bay Transportation Authority
Opinion of the Court
This was an action in the Superior Court by which the plaintiff sought to recover for the personal injuries and property damage sustained by her when her car was struck on a public way by a bus owned by the defendant authority (MBTA) and operated by the individual defendant in the course of his employment by the MBTA. The action was commenced more than two but less that three years after the date of the accident. Both defendants appeared by counsel for the MBTA and moved to dismiss the action as to each of them on the ground that the action had not been commenced within the two-year period of limitations found in G. L. c. 161A, § 21,
In Hearn v. Massachusetts Bay Transp. Authy., 389 Mass. 404 (1983), the court upheld an application of the two-year period of limitations in § 21 despite an equal protection argument based on the enlargement from two years to three of the general period of limitations found in G. L. c. 260, §§ 2A and 4, as amended by St. 1973, c. 777, §§ 1 and 3, respectively. The court did so after noting the MBTA’s public purpose and the fact that transportation is a matter of concern to every inhabitant of the Commonwealth. Id. at 406. The court also rejected an argument that the two-year provision in § 21 had been impliedly repealed by the 1973 legislation. Id. at 407. In a companion decision, Thomas v. Massachusetts Bay Transp. Authy., 389 Mass. 408 (1983), the court applied the two-year provision to a passenger of the MBTA who had attempted to recover for personal injuries on a theory of contract rather than tort.
For the reasons set out in those cases, the plaintiff conceded at argument that the present action was properly dismissed as to the MBTA. However, she points out (correctly) that both those cases were brought against the MBTA alone and urges that
Thus, for present purposes, the META is-to be taken as the real party in interest whenever it appears for one of its employees in an action brought to recover damages for the negligent infliction of personal injuries or property damage. That being so, we are of opinion that all the reasons for perpetuating the two-year period of limitations in § 21 which were relied on in the Hearn and Thomas cases, supra, should apply with equal force to actions brought against employees of the META whenever it undertakes their defense.
Judgment affirmed.
“The authority shall be liable for the acts and negligence of the directors and of the servants and employees of the authority in the management and operation of the authority and of the properties owned, leased and operated by it to the same extent as though the authority were a street railway company, but the directors shall not be personally liable except for malfeasance in office.
“The authority shall be liable in tort to passengers, and to persons in the exercise of due care who are not passengers or in the employment of the authority, for personal injury and for death and for damages to property in the same manner as though it were a street railway company; provided that any action for such personal injury or property damage shall be commenced only within two years next after the date of such injury or damage and in case of death only within two years next after the date of the injury which caused the death.
“The directors shall have charge of and supervise the investigation, settlement and defense of all such claims and of all other suits or actions relating to the property or arising out of the construction, maintenance or operation of the authority.”
Ancestors of § 20, as so amended, are to be found in St. 1897, c. 500, § 21, and in Sp. St. 1918, c. 159 (“An Act to provide for the public operation of the Boston Elevated Railway Company.”), § 2. Some of the history of the public operation, takeover and expansion of what was popularly known as the “Elevated” appears in Attorney Gen. v. Trustees of Boston Elev. Ry., 319 Mass. 642 (1946), in Boston Elev. Ry. v. Metropolitan Transit Authy., 323 Mass. 562 (1949), and in Massachusetts Bay Transp. Authy. v. Boston Safe Deposit & Trust Co., 348 Mass. 538 (1965).
See, e.g., Obrey v. McCarthy, 305 Mass. 83, n.1 (1940); Ambrose v. Boston Elev. Ry., 309 Mass. 219, 219-220 (1941). Actions against individual operators are still encountered. See, e.g., Gorman v. Massachusetts Bay Transp. Authy., 350 Mass. 760 (1965); Herwitz v. Massachusetts Bay Transp. Authy., 353 Mass. 594, 595 (1968); Mirageas v. Massachusetts Bay Transp. Authy., 391 Mass. 815, 817 n.2 (1984); Hebert v. Massachusetts Bay Transp. Authy., 1 Mass. App. Ct. 670, 670-671 (1974); Brown v. Massachusetts Bay Transp. Authy., 4 Mass. App. Ct. 837 (1976); Cook v. Massachusetts Bay Transp. Authy., 13 Mass. App. Ct. 1032 (1982).
For some reason we do not understand, the plaintiff’s brief nowhere refers to the third paragraph of § 21.
We reach this conclusion without reliance on the advice set out in an affidavit filed below by its general counsel that the MET A does in fact defend and indemnify its employees against liability under § 21 whenever it is determined that the employees were acting within the scope of their
Case-law data current through December 31, 2025. Source: CourtListener bulk data.