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· 1/24/1994

Pagliuca v. City of Boston

Citations

  • 626 N.E.2d 625
  • 35 Mass. App. Ct. 820
  • 1994 Mass. App. LEXIS 72

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that although the plaintiff did not know the severity of the harm she suffered, the statute of limitations began running when “she knew of all the facts necessary to make out her civil rights claim”
  • distinguishing between the time-of-first-wrongful-aet standard applicable to federal and state civil rights statutes and time-of-injury standard applicable to common law civil conspiracy
  • determining applicable limitations period based on “gravamen of the complaint” rather than its characterization as tort or contract
  • commencing the statutory period on the date of the act which caused the injury
  • three-year statute of limitation period applies to breach of contract claims where the “gravamen of the complaint is that the defendant has caused plaintiff a personal injury”
  • tort cause of action accrues when plaintiff is injured or when plaintiff knows or reasonably should know that he has been injured

Source: CourtListener parenthetical corpus (CC0).

Judges: Armstrong, Dreben, Ireland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.