CHICKEL v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY


2001 Mass. App. Div. 241 (2001)

Anne Marie Chickel v. Massachusetts Bay Transportation Authority, and another

Massachusetts Appellate Division, Southern District.

November 30, 2001.


Attorney(s) appearing for the Case

Michael B. Flynn for the plaintiff

Paul Sahovey for the defendants.

Present: Wheatley, P.J., Welsh & Creedon, JJ.


Welsh, J.

This is an action based upon a claim of negligence on the part of the defendants. The sole issue in this case was whether the claim was time-barred by the statute of limitations. The trial judge was persuaded that the claim was barred and allowed defendants' motion to dismiss agreeable to Rule 41(b)(2), Mass. R. Civ. P. We agree with the trial judge.

The plaintiff asserts a negligence claim resulting from a fall in which she sustained personal injuries...

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