While typically, people can be held liable for causing bodily harm to another individual, when the person who causes an injury is employed by a public employer, such as a city, recovering damages can be complicated. Specifically, the Massachusetts Tort Claims Act (MTCA) protects public corporations from liability in many instances and imposes strict notice requirements that potential claimants must comply with. In a recent Massachusetts opinion, a court discussed what constitutes sufficient notice of a potential tort claim pursuant to the MTCA in a matter in which the plaintiff suffered injuries during an arrest. If you suffered harm due to someone else’s negligence, you could be owed damages and should speak to a Massachusetts personal injury attorney as soon as possible.
The Plaintiff’s Harm
It is reported that the plaintiff was driving home from work when he was pulled over by a police officer employed by the defendant city, based on an anonymous tip that the plaintiff had a gun. The officer forcibly removed the plaintiff from the vehicle, forced him to the ground, and stepped on his neck, collarbone, and shoulder, causing him to sustain a fracture. After the police failed to find a gun in his vehicle, the plaintiff was released.
Allegedly, the plaintiff filed a lawsuit against the defendant setting forth numerous claims, including negligence pursuant to the MTCA. The defendant filed a motion to dismiss, arguing that the plaintiff failed to provide it with the proper notice required by the MTCA. Upon review, the court ruled in favor of the plaintiff. Continue reading →