McGrath v. STANLEY CARVER

The issue involved in these two appeals is whether the defendants, as third-party plaintiffs, have a right to seek contribution from a public entity when the actions brought by the original plaintiffs against the public entity are barred because the plaintiffs failed to comply with the presentment requirements of G. L. c. 258, § 4 (1984 ed.). Pursuant to Mass. R. Civ. P. 54 (b), 365 Mass. 820 (1974), a Superior Court judge allowed the motions for summary judgment filed in both cases by the third-party defendant, the town of Carver (town), apparently on the ground that a public entity is not…