JAMES v. BOSTON HOUSING AUTHORITY


1988 Mass. App. Div. 30 (1988)

Davina James and another vs. Boston Housing Authority

Massachusetts Appellate Division, Northern District.

February 18, 1988.


Attorney(s) appearing for the Case

Elizabeth A. DiLoreto for the plaintiffs.

Nancy E. Glowa for the defendant.

Present: Doyle, P.J., Ruma & Bohn, JJ.


Doyle, P.J.

This is an action pursuant to the Massachusetts Tort. Claims Act, G.L.c. 258, to recover damages for personal injuries allegedly suffered by the minor plaintiff, Davina James, in consequence of a shattered window in a building owned by the defendant, Boston Housing Authority.

The defendant filed a Dist./Mun. Cts. R. Civ. P., Rule 12 (b) (6) motion to dismiss on the grounds that the plaintiffs had failed to allege their compliance with the G.L.c...

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