RODRIGUEZ v. CITY OF SOMERVILLE

No. 13-P-1422.

86 Mass. App. Ct. 1 (2014)

RODRIGO RODRIGUEZ v. CITY OF SOMERVILLE.

Appeals Court of Massachusetts, Middlesex.

July 1, 2014.


Attorney(s) appearing for the Case

Jason D. Grossfield, Assistant City Solicitor, for the defendant.

Stephen M. Born for the plaintiff.

Present: GRASSO, GRAINGER, & MILKEY, JJ.


GRASSO, J.

In this appeal, we consider whether the doctrine of present execution applies to, and renders immediately appealable, the denial of a motion to dismiss that alleges inadequate presentment under the Massachusetts Tort Claims Act (Act). See G. L. c. 258, § 4, as amended through St. 1989, c. 161. We conclude that the doctrine of present execution does not apply in such circumstances. The presentment requirement imposed on a tort claimant under the Act...

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