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LAURENT v. MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT

No. 17-P-835.

93 Mass. App. Ct. 901 (2018)

ALLISON ST. LAURENT & another v. MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT.

Appeals Court of Massachusetts.

April 4, 2018.

Attorney(s) appearing for the Case

Nicholas J. Scobbo, Jr. , for the defendant.

Dana Alan Curhan for the plaintiffs.

RESCRIPT

Middleborough Gas & Electric Department (MGED) appeals from a Superior Court order denying its motion to dismiss for lack of presentment. The motion judge denied the motion on the ground that MGED is not a "public employer" subject to the Massachusetts Tort Claims Act, and thus the presentment requirement of G. L. c. 258, § 4, did not apply. We disagree and remand so that the Superior Court can address whether the presentment requirement was satisfied...

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