SENATE, No. 2061

By Mr. Morrissey, a petition (accompanied by bill, Senate, No. 2061) of Michael W. Morrissey for legislation to permit persons to bring car damage arising from a pothole against the public entity into small claims court. The Judiciary.

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT PERMITTING PERSONS TO BRING CAR DAMAGE ARISING FROM A POTHOLE AGAINST THE PUBLIC ENTITY INTO SMALL CLAIMS COURT

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

Section 3 of Chapter 258 of the General Laws, under the 2002 Official Edition, is hereby amended in line 6 after the word “county” by inserting the following words: “and except in the case where the damage to a claimant’s motor vehicle’s tire, rim or both is caused by a state, county or municipal roadway shall be brought under sections 21 to 25 of chapter 218 of the General Laws.”