Defendant
George Scarpelli
HERE ARE HIS CREDENTIALS!
Represented by:
Leonard H. Kesten, Brody, Hardoon, Perkins & Kesten
Shannon T. Phillips, City of Somerville Law Department
Michael Stefanilo, Jr., Brady Hardoom Perkins & Kesten
RODRIGO RODRIGUEZ [Note 1] VS. CITY OF SOMERVILLE.
86 Mass. App. Ct. 1
May 5, 2014 - July 1, 2014
Lopez v. City of Somerville et al
Case Number:
1:16-cv-11877
Court:
Nature of Suit:
Judge:
Firms
Background. On April 14, 2011, Rodrigo Rodriguez, a second grade student at the Argenziano School in Somerville, was injured when a metal door frame fell off the front door of the school and struck him in the head. On May 11, 2011, an attorney representing the minor and his parent and next friend, Edgar Rodriguez, sent a letter to the mayor of Somerville, [Note 2] the contents of which are discussed briefly below.
On March 29, 2013, Edgar Rodriguez filed suit against the city on behalf of his son, alleging negligence. Among its other allegations, the complaint asserted that "[t]imely and proper presentment was made to City of Somerville pursuant to Massachusetts General Laws Chapter 258, section 4." Prior to answering, the city moved to dismiss the complaint pursuant to Mass.R.Civ.P. 12(b) (6), 365 Mass. 754 (1974), alleging that the attorney's letter was an insufficient presentment under the Act. [Note 3]
