Proffit v. Commonwealth

The complaint, filed in the Superior Court on March 22, 1978, alleges that the plaintiff sustained injuries in a fall on September 20, 1977, resulting from the negligence of one of the defendant’s employees for whose conduct the defendant is responsible. On February 2, 1981, the defendant filed a motion for dismissal or summary judgment, which the trial judge treated as a motion for summary judgment. The basis of the motion was that G. L. c. 258 provides the plaintiff’s only remedy, and § 4 of that chapter requires a plaintiff to present a claim in writing to the executive officer of the…