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Wednesday, May 24, 2017
SCARPELLI NAMED IN ANOTHER LAWSUIT! LOPEZ VS. SOMERVILLE
GEORGE SCARPELLI ALLEGED TO BE RUNNING FOR MAYOR OF MEDFORD HERE ARE HIS CREDENTIALS!
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]