On June 05, 2023 a
Endorsement on Motion to Dismiss (#5.0): ALLOWED See memorandum of decision. Notices mailed 1/10/24 Judge: Ritter, Hon. William J
was filed
involving a dispute between
Dancause, Bertha Martin,
and
City Of Gardner,
City Of Gardner Police Department,
Coates, Ryan Patrick,
for Torts
in the District Court of Worcester County.
Preview
ens
Date Filed 9/26/2023 4:19 PM
Supéricr Court - Worcester
Docket Number 2385CV00633
we? E-FILED
COMMONWEALTH OF MASSACHUSETTS
WORCESTER, ss. SUPERIOR COURT
C.A. NO. 2385CV00633D
BERTHA MARTIN DANCAUSE,
Plaintiff
Vv
RYAN PATRICK COATES and
CITY OF GARDNER POLICE
DEPARTMENT,
Defendants
é
DEFENDANTS’ MOTION TO DISMISS
3D
2c Defendants, Gardner Police Officer Ryan Patrick Coates (Officer Coates) and City of
Gardner Police Department (GPD), hereby move this Court, pursuant to Mass. R. Civ. P. 12(b)(5)
and (6), for dismissal of Plaintiff's Complaint for failure to effectuate service of process for Officer
5 3 Coates and for failure to state a claim against Defendants upon which relief can be granted.
oO
2 Plaintiff, Bertha Martin Dancause, alleges that on August 11, 2020, the vehicle that she
eo
Qwas driving on Timpany Boulevard, Gardner, Massachusetts, was struck by a vehicle that was
owned by the GPD and driven by Officer Coates. She asserts a negligence count against each of
the Defendants and seeks compensation for the injuries she allegedly sustained in the accident.
Thus, the Complaint states a cause of action against a public employer, pursuant to the
Massachusetts Tort Claims Act (MTCA), G. L. c. 258, § 1, et seg.
Although Mass. R. Civ. P. 4(d)(1) proscribes the manner in which service should be
Ea
made upon an individual, Plaintiff did not serve Officer Coates with a summons and complaint
by the September 5, 2023, service deadline in this case. Therefore, Plaintiff's Complaint against
Officer Coates should be dismissed pursuant to Mass. R. Civ. P. 12(b)\ for insufficient service
on.
ala llamd
Notices Medied_\olay__se Mov), (ul y
Document Filed Date
January 09, 2024
Case Filing Date
June 05, 2023
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
ens Date Filed 9/26/2023 4:19 PM Supéricr Court - Worcester Docket Number 2385CV00633 we? E-FILED COMMONWEALTH OF MASSACHUSETTS WORCESTER, ss. SUPERIOR COURT C.A. NO. 2385CV00633D BERTHA MARTIN DANCAUSE, Plaintiff Vv RYAN PATRICK COATES and CITY OF GARDNER POLICE DEPARTMENT, Defendants é DEFENDANTS’ MOTION TO DISMISS 3D 2c Defendants, Gardner Police Officer Ryan Patrick Coates (Officer Coates) and City of Gardner Police Department (GPD), hereby move this Court, pursuant to Mass. R. Civ. P. 12(b)(5) and (6), for dismissal of Plaintiff's Complaint for failure to effectuate service of process for Officer 5 3 Coates and for failure to state a claim against Defendants upon which relief can be granted. oO 2 Plaintiff, Bertha Martin Dancause, alleges that on August 11, 2020, the vehicle that she eo Qwas driving on Timpany Boulevard, Gardner, Massachusetts, was struck by a vehicle that was owned by the GPD and driven by Officer Coates. She asserts a negligence count against each of the Defendants and seeks compensation for the injuries she allegedly sustained in the accident. Thus, the Complaint states a cause of action against a public employer, pursuant to the Massachusetts Tort Claims Act (MTCA), G. L. c. 258, § 1, et seg. Although Mass. R. Civ. P. 4(d)(1) proscribes the manner in which service should be Ea made upon an individual, Plaintiff did not serve Officer Coates with a summons and complaint by the September 5, 2023, service deadline in this case. Therefore, Plaintiff's Complaint against Officer Coates should be dismissed pursuant to Mass. R. Civ. P. 12(b)\ for insufficient service on. ala llamd Notices Medied_\olay__se Mov), (ul y