Clarke v. City of Worcester

Roach, Christine M., J.

The plaintiff, Tara L. Clarke (“Clarke”) filed this action against the City of Worcester (“City”), pursuant to the Massachusetts Tort Claims Act (“MTCA’j, Mass.G.L. Chapter 258, section 2, alleging that City employees were negligent in the placement of a concrete road barrier. The City has moved to dismiss pursuant to Mass.RCiv.P. 12(b)(6), on the grounds that: (1) Mass.G.L. Chapter 84, section 15 (“Chapter 84”) is the exclusive remedy for actions based on a road defect; and (2) Clarke failed to give timely statutoiy notice to the City, as required by that statute (“the…