While parties can usually be held responsible for inflicting bodily harm on others, recovering damages might be difficult when the person who caused the injury works for a public employer, such as a city. Specifically, the Massachusetts Tort Claims Act (MTCA), guards public corporations from liability in a range of situations and places strict notice obligations on potential litigants. A court in Massachusetts recently reviewed what is considered adequate sufficient notice of a potential tort claim under the MTCA in a case involving injuries incurred during an arrest. If you suffered harm due to someone else’s negligence, you may be entitled to compensation and should confer with a Massachusetts personal injury lawyer promptly.
Injuries Sustained by the Plaintiff
The plaintiff was apparently driving home from work when he was stopped by a police officer that worked for the defendant city. The officer apparently apprehended the plaintiff due to an anonymous tip that the plaintiff was carrying a gun. The officer hauled the plaintiff out of his car, pushed him to the ground, and fractured his neck, collarbone, and shoulder. The officer did not find a gun in the plaintiff’s possession, and therefore he was released.
The plaintiff allegedly filed a case against the defendant city pursuant to the MTCA, asserting it was liable for the officer’s negligence. The defendant filed a motion to dismiss, alleging that the plaintiff failed to provide the required notice under the MTCA. The court ultimately ruled in favor of the plaintiff. Continue Reading ›