MacDonald v. City of Everett

This is a personal injury action brought by a minor child against the City of Everett. The trial court allowed the defendant’s Mass. R Civ. R, Rule 12 (b) (6), motion to dismiss, and the plaintiff has appealed pursuant to Dist./Mun. Cts. R A. D. A., Rule 8A

The plaintiffs complaint, brought under G.L.c. 258 (the “Massachusetts Tort Claims Act”), alleged that the child was injured when a “memorial pole” erected by the City on City property fell on her without warning. In moving to dismiss, the City argued that: (1) this was essentially a suit to recover for bodily injury caused by “a detect or…