Mitchell v. Kucmas

Agnes, A. J.

This is a civil action which arises out of an incident which occurred on July 25, 1999. As a result, plaintiff, Michelle Mitchell (“plaintiff’), brought claims against the defendant, George Kucmas (“defendant”), for assault and battery, intentional infliction of emotional distress and violations of Chapter 93A. The defendant moves to dismiss the complaint for lack of subject matter jurisdiction pursuant to Mass.R.Civ.P. 12(b)(1). For the following reasons, the defendant’s Motion to Dismiss is ALLOWED without prejudice.

BACKGROUND

On or about June 22, 1998, plaintiff rented an…