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Appeals court hears fight over where MBTA presentment must go in negligence claim
Summary
A plaintiff argued she complied with the Tort Claims Act's presentment requirement by sending notice to the Department of Transportation leadership because, at the time, the MBTA was governed by MassDOT; the MBTA argued presentment must go to the MBTA general manager and that strict statutory compliance is required. The court reserved decision.
BOSTON — The Massachusetts Appeals Court heard argument in a suit against the Massachusetts Bay Transportation Authority (MBTA) in which the central dispute was whether a negligence presentment was correctly directed to the chief executive officer of the Massachusetts Department of Transportation (MassDOT) rather than to an MBTA general-manager position whose exact title and existence at the time the claim was sent was contested.
Attorney for the plaintiff argued that before July 29, 2021, the MBTA was governed by MassDOT and that the MBTA did not have an officer holding the specific title "general manager and rail and transit administrator" to which Chapter 258…
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