Berube v. City of Northampton

The plaintiff, David P. Berube, appeals from the entry of summary judgment against him, and in favor of the city of Northampton (city) and the board of trustees (trustees) of Smith Vocational-Agricultural High School (school), a school committee. He maintains on appeal that, as assignee of contribution rights under G. L. c. 231B, § 1 (1990 ed.), 2 he has essentially become a third-party plaintiff and, as such, is exempt from compliance with the two-year presentment requirement of the Massachusetts Tort Claims Act (tort claims act), G. L. c. 258, § 4 (1990 ed.). Summary judgment was granted…