KINAN v. TRIAL COURT


400 Mass. 582 (1987)

511 N.E.2d 341

ALBERT J. KINAN vs. TRIAL COURT & others.

Supreme Judicial Court of Massachusetts, Norfolk.

August 10, 1987.


Attorney(s) appearing for the Case

Jacqueline L. Allen, Assistant Attorney General (Apolo Catala, Assistant Attorney General, with her) for the defendants.

Robert L. Hernandez for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, JJ.


HENNESSEY, C.J.

The plaintiff, Albert J. Kinan, brought this action under the Massachusetts Tort Claims Act, G.L.c. 258 (1984 ed.), seeking damages allegedly arising from negligent acts committed by the clerk of the Dedham Division of the District Court. Presentment of the claim was made to the Chief Administrative Justice of the Trial Court within the two-year requirement of G.L.c. 258, § 4. The defendants moved to dismiss, arguing that presentment should have...

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