Bellanti v. Boston Public Health Commission

In this appeal from the denial of the defendant’s motion for summary judgment, we again consider whether a lawsuit brought pursuant to the Massachusetts Tort Claims Act, G. L. *402c. 258, founders on the shoals of the presentment requirement.2 Because it is undisputed that the plaintiff failed to make presentment upon the proper executive officer, as required by G. L. c. 258, § 4, and because no recognized exception to compliance with that section applies on the facts of this case, we are constrained to reverse the motion judge’s decision.

Background. The plaintiff brought this wrongful death…