Moran v. Town of Mashpee

This is an appeal from a summary judgment entered in the Superior Court dismissing the plaintiff’s action for failure to comply with the presentment requirement of the Massachusetts Tort Claims Act. G. L. c. 258, § 4, inserted by St. 1978, c. 512, § 15. Our task is to decide only whether on the state of the record before us the defendant is entitled to judgment as matter of law. See Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974).

The plaintiff alleged that on March 28, 1979, he sustained an injury due to negligence on the part of the defendant town. The plaintiff notified the town clerk of his…