Mulhall v. Sheraton Needham Hotel

This is a Dist./Mun. Cts. R. A D. A., Rule 8C, appeal of the dismissal of the plaintiff’s action on the ground that it was barred by the applicable statute of limitations.

The dispositive facts are undisputed. Plaintiff John G. Mulhall (“Mulhall”) worked as a banquet server for the defendant, Sheraton Needham Hotel (“Sheraton”), from February 10, 1997 through February 12, 1999. During this period, Sheraton charged its banquet customers a service charge. Mulhall claimed that this service charge consisted of, or included, gratuities, and that Sheraton owed him his portion of the service charges…