SCJ: KATHERINE DRAKE v. TOWN OF LEICESTER

Keywords:   Massachusetts Tort Claims Act. Notice, Claim under Massachusetts Tort Claims Act, Timeliness. Practice, Civil, Presentment of claim under Massachusetts Tort Claims Act, Motion to dismiss. Negligence, Municipality, School. Municipal Corporations, Liability for tort, Notice to municipality. Mail

“Before suing a public employer for negligence, claimants must present their claim to the requisite public officer within two years of their alleged injury.  See G. L. c. 258, § 4.  Exactly two years after the claim arose, on Friday, January 19, 2018, Drake mailed her presentment letter, via certified mail, to the defendant, the town of Leicester (town). The town received Drake’s presentment letter on Monday, January 22, 2018.  The town denied liability for Drake’s injuries on February 7, 2018, and Drake commenced this negligence action against the town the following month.” (Emphasis added)  The SJC confirmed the lower court’s decision for the Town, noting that:  “To lay or to put an item, such as a presentment letter, before another, the receiving person or entity must have the opportunity to observe the item.  Placing the presentment letter in the mail, certified or otherwise, does not constitute proper presentment under G. L. c. 258, § 4, as that act alone would not provide the proper executive officer the opportunity to observe the letter.”

Click here for the full text of the Court’s decision.

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