MBTA liable under negligent hiring theory

In Matthew Theisz v. Massachusetts Bay Transportation Authority (2025), the Massachusetts Supreme Judicial Court addressed whether the MBTA was immune from liability under the Massachusetts Tort Claims Act (MTCA) for its own negligence in retaining and assigning a bus driver with a known history of violent and insubordinate behavior. Derek Smith, the MBTA driver, had multiple prior incidents, including assaulting a passenger and being arrested after a confrontation with a police officer, yet the MBTA failed to discipline or retrain him meaningfully. In 2015, while operating a bus, Smith violently attacked Theisz, a passenger seeking directions, resulting in a traumatic brain injury that left Theisz permanently disabled.

The MBTA claimed immunity under MTCA § 10(j), arguing that Theisz’s harm resulted from an intentional tort by an employee, not from the MBTA’s own conduct. The Court disagreed, holding that § 10(j) does not shield public employers from liability for their own affirmative acts of negligence, such as placing a dangerous employee in a public-facing role. The Court emphasized that the MBTA’s decisions to hire, retain, and schedule Smith—despite his violent history—constituted affirmative acts that “materially contributed” to the harm. Therefore, the Court affirmed the denial of summary judgment and allowed the case to proceed.