33 N.E.3d 1240
Mass.2015Background
- Rodriguez, on behalf of his minor son Rodrigo, sued the City of Somerville for negligence.
- City moved to dismiss under Mass. R. Civ. P. 12(b)(6) for defective presentment under G.L. c. 258, § 4.
- Superior Court denied the motion; Appeals Court dismissed the interlocutory appeal; case returned for Supreme Judicial Court review.
- April 14, 2011, Rodrigo was injured when a metal door frame fell at the Argenziano School.
- May 11, 2011, counsel sent a letter to the mayor purportedly presenting a claim and requesting school incident reports.
- The letter lacked any legal basis for a claim and did not reasonably put the city on notice of a present claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether present execution allows immediate appeal of defective presentment. | Rodriguez argues the appeal is not proper under present execution. | Somerville argues the doctrine permits immediate appeal of such orders. | Yes; appeal properly before the court under present execution. |
| Whether the May 11, 2011 letter satisfied §4 presentment requirements. | Letter satisfied presentment by notifying of a claim. | Letter did not identify a legal basis or present a claim; it resembled a records request. | Letter deficient; presentment not satisfied. |
Key Cases Cited
- Shapiro v. Worcester, 464 Mass. 261 (2013) (present execution applies to immunity and related presentment issues; retroactivity considered in Shapiro)
- Kent v. Commonwealth, 437 Mass. 312 (2002) (denial of immunity from suit appealable under present execution)
- Daveiga v. Boston Pub. Health Comm'n, 449 Mass. 434 (2007) (present execution used in immunity/defense contexts)
- Bellanti v. Boston Pub. Health Comm'n, 70 Mass. App. Ct. 401 (2007) (noting present execution related to immunity issues)
- Will v. Hallock, 546 U.S. 345 (2006) (federal analogue; public interest in avoiding trial when review is necessary)
- Elles v. ZBA of Quincy, 450 Mass. 671 (2008) (general principle on interlocutory appeals)
- Gilmore v. Commonwealth, 417 Mass. 718 (1994) (presentment purpose to notify official for investigation and settlement)
- Lodge v. District Attorney for the Suffolk Dist., 21 Mass. App. Ct. 277 (1985) (purpose of presentment requiring identification of basis for claim)
- Martin v. Commonwealth, 53 Mass. App. Ct. 526 (2002) (presentment need not be perfectly precise but must identify basis of claim)