MacDONALD v. CITY OF EVERETT


1999 Mass. App. Div. 283 (1999)

Kathleen MacDonald v. City of Everett

Massachusetts Appellate Division, Northern District.

December 7, 1999.


Attorney(s) appearing for the Case

Daniel F. McCarthy for the plaintiff.

Loraine Rossi for the defendant.

Present: Merrick, P.J., Coven & Greco, JJ.


Greco, J.

This is a personal injury action brought by a minor child against the City of Everett. The trial court allowed the defendant's Mass. R. Civ. P., Rule 12(b) (6), motion to dismiss, and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8A.

The plaintiff's complaint, brought under G.L.c. 258 (the "Massachusetts Tort Claims Act"), alleged that the child was injured when a "memorial pole" erected by the City on City property fell...

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