Fisher v. Memorial Health Care

Agnes, A.J.

INTRODUCTION

The plaintiff, Michael Fisher (“Fisher”) filed a lawsuit against Memorial Health Care2 (“Memorial”), Worcester State University3 (“WSU”), and Pedro Toro (“Toro”), alleging battery, intentional infliction of emotional distress, negligence and negligent infliction of emotional distress. WSU and Toro have brought a motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6) and 12(b)(1) based on the failure of the plaintiff (1) to issue a presentment letter to the Office of the Attorney General in compliance with the Massachusetts Torts Claim Act, G.L.c. 258, §4, and (2) to serve…