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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)

Citation
McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
Parent Document
McAllister v. Boston Housing Authority, 429 Mass. 300 (1999)
Jurisdiction
Massachusetts (state)
Effective Date
1999-04-08

Other Sections in This Document (25)

Full Text

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The defendant asserts that, even assuming that the plaintiff’s alternative claims are meritorious, the plaintiff only filed notice of the negligence claim. G. L. c. 258, § 4. Therefore, the other claims are barred. See G & B Assocs., Inc. v. Springfield, 39 Mass. App. Ct. 51 (1995). We do not agree. The purpose of the presentment provision is to allow the executive officer “an adequate opportunity to investigate the circumstances surrounding [the] claim.” Weaver v. Commonwealth, 387 Mass. 43, 47 (1982). We conclude that the requirements of § 4 were satisfied. Gilmore v. Commonwealth, 417 Mass. 718, 723 (1994). The proper authority was placed on notice of the circumstances surrounding the alleged injury. The executive officer had the opportunity to investigate the circumstances of each claim, as all theories of liability argued by the plaintiff were based on the same facts.