Legal Opinion

Carroll v. City of Worcester

Massachusetts Appeals Court

Decided May 16, 1997No. 95-P-1760PublishedCited by 13 opinions

1Opinion of the CourtPerretta, J.

On July 24, 1989, the plaintiff was injured in an automobile accident he claims was caused by the negligence of an employee of the defendant city. The presentment letter required by G. L. c. 258, § 4, was timely sent on December 10, 1990, and a complaint was filed in the Central District Court of Worcester. The complaint was dismissed on October 13, 1992, because, as provided in G. L. c. 258, § 3, the Superior Court has exclusive jurisdiction of tort actions brought against a public employer. Less than three months after that dismissal but now more than three years after the cause of action…

2Cases cited5 opinions

  1. Weaver v. CommonwealthMassachusetts Supreme Judicial Court · 1982
  2. O'BRIEN v. Massachusetts Bay Transportation AuthorityMassachusetts Supreme Judicial Court · 1989
  3. Loomer v. DionneMassachusetts Supreme Judicial Court · 1959
  4. Hernandez v. City of BostonMassachusetts Supreme Judicial Court · 1985
  5. Ciampa v. Beverly Airport CommissionMassachusetts Appeals Court · 1995

3Cited by13 opinions

  1. Maltz v. Smith Barney, Inc.Massachusetts Supreme Judicial Court · 1998
  2. Corliss v. City of Fall RiverDistrict Court, D. Massachusetts · 2005
  3. Hall v. Park CountyWyoming Supreme Court · 2010
  4. Abrahamson v. Estate of LeBoldMassachusetts Appeals Court · 2016
  5. Gallagher v. BougioukasMassachusetts Superior Court · 2005

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