Burdette v. City of Boston

This is an action of tort brought pursuant to G.L.c. 84, §15, against the City of Boston to recover compensation for personal injuries sustained by the plaintiff.

The plaintiff seeks a review of the trial justice’s allowance of the defendant’s motion to dismiss the complaint because of the plaintiff’s failure to comply with the stautory notice requirements of G.L.c. 84, §§181 and 19.2

The undisputed facts are as follows:

The plaintiff’s injury occurred on March 9, 1976 when he fell into a hole while walking on Topliff Street, a public way, in the City of Boston. The plaintiff’s attorney sent…