Dismissal Granted in Favor of Police Department / Plaintiff Failed to Make Proper Presentment
Attorney Wendy Quinn successfully obtained the dismissal of a suit against a Massachusetts city and a police officer in Worcester Superior Court. The plaintiff claimed her motor vehicle was struck from behind by the defendant police officer’s vehicle resulting in significant personal injuries.
Attorney Quinn filed a Motion to Dismiss arguing that naming the individual officer was improper as public employees cannot be held individually liable for negligence in the scope of their employment pursuant to the Massachusetts Tort Claims Act (MTCA). Further, Attorney Quinn argued that service on the defendant was improperly made on another individual and not the defendant personally. Lastly, Attorney Quinn argued that the plaintiff failed to make proper presentment as required by the MTCA.
The plaintiff argued that a subrogation claim letter from plaintiff’s insurance carrier sent to the city constituted presentment. However, the Court found that the letter from the plaintiff’s insurance carrier was not sufficient to satisfy the presentment requirement for the plaintiff’s personal claim pursuant to c. 258, § 4. Further, the Court agreed that the individual officer was not properly served with a summons and complaint and was not a proper party in the subject action. The Court ruled in favor of Attorney’s Quinn’s clients, dismissing the plaintiff’s Complaint.