James v. Boston Housing Authority

Doyle, P.j.

This is an action pursuant to the Massachusetts Tort Claims Act, G.L. c.258, to recover damages for personal injuries allegedly suffered by the minor plaintiff, Davina James, in consequence of a shattered window in a building owned by the defendant, Boston Housing Authority.

The defendant filed a Dist./Mun. Cts. R. Civ. P., Rule 12 (b) (6) motion to dismiss on the grounds that the plaintiffs had failed to allege their compliance with the G.L. c.258, §4 presentment requirements which are a statutory condition precedent to suit. The trial court allowed the defendant’s dismissal…