Capazzoli v. Holzwasser

I concur with the result. I write separately to emphasize that the complaint should not have been dismissed. The Superior Court judge should have allowed the plaintiff to amend her complaint to remedy any defects he perceived therein, or directed the parties to submit affidavits so that the validity of the plaintiff’s claims could be tested on a motion for summary judgment.

The plaintiff’s complaint, liberally construed, states a claim. A complaint need not set forth facts with great specificity. See Mass. R. Civ. P. 8 (a), 365 Mass. 749 (1974). “The rules of pleading in Massachusetts are…