Legal Opinion

Daveiga v. Boston Public Health Commission

Massachusetts Supreme Judicial Court

Decided July 13, 2007PublishedCited by 17 opinions

1Opinion of the CourtCowin, J.

Certain tort claims against the Commonwealth, its municipalities, and some other government bodies are permitted by the Massachusetts Tort Claims Act, G. L. c. 258 (the act). The act contains a requirement of presentment,1 that is, it requires that a particular person be given written notice of a claim before initiation of suit. The sole question before us is to whom presentment must be made of a claim for tort damages against the Boston Public Health Commission (the commission). We conclude that, under G. L. c. 258, § 4, presentment on the commission must be to its executive director, and…

2Cases cited17 opinions

  1. Vasys v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1982
  2. Kent v. CommonwealthMassachusetts Supreme Judicial Court · 2002
  3. Lafayette Place Associates v. Boston Redevelopment AuthorityMassachusetts Supreme Judicial Court · 1998
  4. Telesetsky v. WightMassachusetts Supreme Judicial Court · 1985
  5. Gilmore v. CommonwealthMassachusetts Supreme Judicial Court · 1994

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3Cited by17 opinions

  1. McMenimen v. PassatempoMassachusetts Supreme Judicial Court · 2008
  2. Town of Dartmouth v. Greater New Bedford Regional Vocational Technical High School DistrictMassachusetts Supreme Judicial Court · 2012
  3. Town of Canton v. Commissioner of Massachusetts Highway DepartmentMassachusetts Supreme Judicial Court · 2010
  4. Bellanti v. Boston Public Health CommissionMassachusetts Appeals Court · 2007
  5. Lu v. MeninoDistrict Court, D. Massachusetts · 2015

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