Posts tagged "Somerville"

Rodriguez v. City of Somerville (Lawyers Weekly No. 10-124-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC-11767

EDGAR RODRIGUEZ[1]  vs.  CITY OF SOMERVILLE.

July 20, 2015.

Massachusetts Tort Claims Act.  Moot Question.  Practice, Civil, Moot case, Presentment of claim under Massachusetts Tort Claims Act, Interlocutory appeal.  Governmental Immunity.  Municipal Corporations, Governmental immunity, Liability for tort.  Notice, Claim under Massachusetts Tort Claims Act.

     After the plaintiff, Edgar Rodriguez acting on behalf of his minor son Rodrigo, commenced this negligence action against the city of Somerville (city), the city filed a motion to dismiss pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974), claiming that the plaintiff failed to meet the presentment requirements set forth in the Massachusetts Tort Claims Act (Act).  See G. L. c. 258, § 4.  A judge in the Superior Court denied the motion, concluding that the letter satisfied the statutory requirements.  The city appealed, and in doing so argued that the appeal, which was interlocutory, was proper pursuant to the doctrine of present execution.  The Appeals Court concluded that the doctrine of present execution does not apply and dismissed the appeal.  See Rodriguez v. Somerville, 86 Mass. App. Ct. 1 (2014).  The case is now before this court on further appellate review.

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Posted by Stephen Sandberg - July 20, 2015 at 8:34 pm

Categories: News   Tags: , , , , ,

City of Somerville, et al. v. Commonwealth Employment Relations Board, et al. (Lawyers Weekly No. 10-016-15)

Posted by Stephen Sandberg - February 3, 2015 at 5:52 pm

Categories: News   Tags: , , , , , , , ,

Rodriguez v. City of Somerville (Lawyers Weekly No. 11-077-14)

Posted by Stephen Sandberg - July 1, 2014 at 11:46 pm

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Retirement Board of Somerville v. Buonomo, et al. (Lawyers Weekly No. 10-062-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us

SJC‑11413

RETIREMENT BOARD OF SOMERVILLE  vs.  JOHN BUONOMO & others.[1]

Middlesex.     January 9, 2014.  ‑  April 2, 2014.

Present:  Ireland, C.J., Spina, Botsford, Gants, Duffly, & Lenk, JJ.

RetirementPublic Employment, Forfeiture of retirement benefits.  Register of ProbatePractice, Civil, Action in nature of certiorari.

Civil action commenced in the Superior Court Department on July 20, 2010.

Motions for judgment on the pleadings were heard by Thomas R. Murtagh, J.

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Posted by Stephen Sandberg - April 2, 2014 at 3:38 pm

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Patrick Signs Bill to Appoint Sean Collier to Somerville Police Department

Officer Sean Collier

Sean Collier, who authorities say was killed by the Boston Marathon Bombing suspects, will soon realize his dream of becoming a Somerville police officer.

Gov. Deval Patrick signed a bill Tuesday allowing the city of Somerville to appoint Collier postumously to the city’s police force, according to WHDH.

Collier, a Somerville resident, was serving as an MIT police officer when, on April 18, he was allegedly shot to death by the suspects in the Boston Marathon Bombing.

Jackie Rossetti, a spokesperson for the city of Somerville, said Tuesday afternoon the city was planning a ceremony for Collier’s appointment to the Somerville Police Department, but no date had been set. She said the city was in the process of working with Collier’s family to make those plans.

According to WHDH, Somerville State. Sen. Patricia Jehlen, who co-sponsored the home rule petition allowing the postumous appointment, said, “While nothing we do can bring Collier back, this posthumous appointment is a meaningful way to honor his memory and brave service.”

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Posted by Stephen Sandberg - May 29, 2013 at 8:07 pm

Categories: Arrests   Tags: , , , , , , , ,