Rodriguez v. City of SomervilleAnnotate this Case
Plaintiff, acting on behalf of his minor son, commenced this negligence action against the City of Somerville. The City filed a motion to dismiss under Mass. R. Civ. P. 12(b)(6), claiming that Plaintiff failed to meet the statutorily-required presentment requirements. The superior court denied the motion. The City appealed, arguing that its interlocutory appeal was proper under the doctrine of present execution. The Appeals Court dismissed the City’s appeal, concluding that the doctrine of present execution did not apply. The Supreme Judicial Court reversed, holding (1) the City’s appeal was not moot; (2) the appeal was proper under the doctrine of present execution; and (3) the City’s motion to dismiss Plaintiff’s complaint should have been allowed because presentment in this case was deficient.