Legal Opinion
Garcia v. Essex County Sheriff's Department
Massachusetts Appeals Court
Decided November 10, 2005No. 04-P-1491PublishedCited by 14 opinions
1Opinion of the CourtDoerfer, J.
At issue in this appeal is the frequently litigated location of the boundary between a sufficient and an insufficient presentment of a claim under the Massachusetts Tort Claims Act (MTCA), G. L. c. 258, § 4. We conclude, as did the motion judge in the Superior Court, that presentment was insufficient and that the action was properly dismissed.
Facts. On February 1, 2002, Manuel Garcia was injured in a motor vehicle accident while in the custody of the Essex County sheriff’s department (ECSD) as he was being transported in a prisoner van that slid off the road in bad weather.
*105During the…
2Cases cited16 opinions
- Vasys v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1982
- Weaver v. CommonwealthMassachusetts Supreme Judicial Court · 1982
- Gilmore v. CommonwealthMassachusetts Supreme Judicial Court · 1994
- Holahan v. City of MedfordMassachusetts Supreme Judicial Court · 1985
- Lodge v. District Attorney for the Suffolk DistrictMassachusetts Appeals Court · 1985
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pollard v. Georgetown School DistrictDistrict Court, D. Massachusetts · 2015
- Maraj v. MassachusettsDistrict Court, D. Massachusetts · 2011
- Bellanti v. Boston Public Health CommissionMassachusetts Appeals Court · 2007
- Smith v. JenkinsDistrict Court, D. Massachusetts · 2011
- Haley v. City of BostonDistrict Court, D. Massachusetts · 2009
9 more not listed; retrieve them via the Exa API.