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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Cortes v. Clinton Housing Authority, 27 Mass. L. Rptr. 465 (2010)

Citation
Cortes v. Clinton Housing Authority, 27 Mass. L. Rptr. 465 (2010)
Parent Document
Cortes v. Clinton Housing Authority, 27 Mass. L. Rptr. 465 (2010)
Jurisdiction
Massachusetts (state)
Effective Date
2010-11-03

Full Text

1,243 chars
The Authority contends that Cortes has failed to make proper presentment of her breach of the implied warranty of habitability claim under the Massachusetts Tort Claims Act (MTCA). Pursuant to the MTCA, Cortes, through counsel, sent the Authority a formal claim letter on May 13, 2008. The letter stated that Cortes fell on an unnatural accumulation caused by the Authority’s negligence as it failed to have any drain pipes to direct runoff away from the walkway and failed to adequately salt or sand the walkway. As the facts upon which Cortes bases her breach of the implied warranty of habitability claim were presented in her notice of a negligence claim, that notice satisfies the presentment requirements under the MTCA with respect to both claims. See McAllister v. Boston Hous. Auth., 429 Mass. 300, 305 n.7 (1999) (finding that tenant’s notice of negligence claim against the Boston Housing Authority for injuries sustained on ice-covered exterior steps satisfied the MTCA with regard to alternative claims for breach of implied warranty of habitability, breach of the covenant of quiet enjoyment, and violation of lease, even though tenant did not file notice of those claims, where each theory of liability was based on same facts).