Botello v. Massachusetts Port Authority

Maria Botello hurt herself in a fall on an icy sidewalk under the control of the Massachusetts Port Authority (Mass-port). When she brought a claim against Massport, her statutory notice was defective, a misstep that might have been inconsequential by reason of a savings provision in G. L. c. 84, § 18, which excludes failure to give proper notice as a defense, unless the defendant proves prejudice. A judge of the Superior Court accepted Massport’s argument that the savings provision of § 18 does not apply to Massport and allowed Massport’s motion for summary judgment. We reverse.

These are the…