1. Home
  2. Browse Decisions
  3. Mass.
  4. 65 Mass.
  5. 65 Mass. App. Ct. 104 (2005)
 

GARCIA v. ESSEX COUNTY SHERIFF'S DEPARTMENT

No. 04-P-1491.

65 Mass. App. Ct. 104 (2005)

MANUEL GARCIA v. ESSEX COUNTY SHERIFF'S DEPARTMENT.

Appeals Court of Massachusetts, Essex.

November 10, 2005.

Attorney(s) appearing for the Case

Douglas C. DuFault, Jr., for the plaintiff.

William P. Breen, Jr., for the defendant.

Present: Armstrong, C.J., Rapoza, & Doerfer, JJ.

DOERFER, J.

At issue in this appeal is the frequently litigated location of the boundary between a sufficient and an insufficient presentment of a claim under the Massachusetts Tort Claims Act (MTCA), G. L. c. 258, § 4. We conclude, as did the motion judge in the Superior Court, that presentment was insufficient and that the action was properly dismissed.

Facts. On February 1, 2002, Manuel Garcia was injured in a motor vehicle accident while in...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases