Killoran v. Boyles

Brennan, PJ.

The plaintiff, Frank J. Killoran (“Killoran”), commenced this tort action on July 6, 2010 to recover for injuries allegedly sustained in an automobile accident on January 29,2004. After filing their answer, the defendants moved to dismiss the complaint as barred by the statute of limitations and not within the saving provisions of G.L.c. 260, §32. The dismissal motion was allowed, and Killoran has appealed.

1. Although the defendants referenced Mass. R. Civ. R, Rule 12(b)(5), 12(b)(6), 12(b) (9), and 12(b) (10), the substance of both their motion and supporting memorandum…