NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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
EDGAR RODRIGUEZ 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.
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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
RETIREMENT BOARD OF SOMERVILLE vs. JOHN BUONOMO & others.
Middlesex. January 9, 2014. ‑ April 2, 2014.
Present: Ireland, C.J., Spina, Botsford, Gants, Duffly, & Lenk, JJ.
Retirement. Public Employment, Forfeiture of retirement benefits. Register of Probate. Practice, 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.
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.”