Mazzini v. Massachusetts Bay Transportation Authority

Curran, Dennis J., J.

INTRODUCTION

Michael Mazzini alleges that on August 18, 2012, he sustained personal injuries while riding his bicycle across a defective piece of what appear to be train tracks1 on Bay Road in the town of Hamilton. His counsel sent a letter of presentment under October 1, 2012, to the defendant MBTA. The case is before me on the defendant MBTA’s motion to dismiss because it alleges that the defective tracks which caused Mr. Mazzini’s accident were part of the roadway, and that G.L.c. 84, section 15 requires notice to the entity in charge of repairing the roadway within…