Fearon v. Commonwealth

The plaintiff’s action was dismissed on the defendant Commonwealth’s motion for summary judgment because no timely presentment of the plaintiff’s claim had been made as required by G. L. c. 258, § 4. We transferred the plaintiff’s appeal to this court. We agree with the basis of the ruling made by the motion judge, but leave open the possibility that the plaintiff may be able to allege a claim not subject to the presentment requirement of G. L. c. 258, § 4.

The underlying facts appear in the complaint. On April 10, 1980, Florence L. Fearon, the plaintiff’s testate, was a passenger in a motor…