Harry Stoller and Co. v. City of Lowell
Massachusetts Supreme Judicial Court
587 N.E.2d 780 (1992)
Relevant factsFree
Stoller (plaintiff) owned several adjoining buildings equipped with a sprinkler system. When fire broke out, City of Lowell (defendant) firefighters chose not to use the buildings' sprinklers, relying only on hoses, contrary to accepted practice, and the fire destroyed all the buildings. Stoller sued for negligence, and a jury found for Stoller, but the trial court granted judgment notwithstanding the verdict for the City based on discretionary-function immunity.
IssueFree
Whether the discretionary-function exception shields a government agency from liability when its conduct departs from accepted practice and is not based on any policy judgment.