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Appeals Court hears disputed presentment and discovery issues in Bertrand v. Boston Police Department
Summary
An appeal over whether a municipal defendant can be sued on a negligent‑entrustment theory without earlier presentment dominated argument. The city argued the discovery rule and present‑execution doctrine did not excuse timely presentment; the plaintiff said key facts about the driver's record were inherently unknowable until deposition.
The panel considered whether a proposed negligent‑entrustment claim against the City of Boston should have been presentmented and whether discovery and deposition testimony made the claim timely.
City counsel Elizabeth Tbaji argued the doctrine of present execution permitted interlocutory review and that the…
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