Rodriguez v. Cambridge Housing Authority

795 N.E.2d 1, 59 Mass. App. Ct. 127
CourtMassachusetts Appeals Court
DecidedSeptember 3, 2003
DocketNo. 01-P-888
StatusPublished
Cited by12 cases

This text of 795 N.E.2d 1 (Rodriguez v. Cambridge Housing Authority) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Cambridge Housing Authority, 795 N.E.2d 1, 59 Mass. App. Ct. 127 (Mass. Ct. App. 2003).

Opinion

Kafker, J.

Answering special questions, a jury awarded damages to the plaintiffs for injuries they received as a result of multiple invasions of the apartment Carmen Rodriguez2 leased from the defendant, the Cambridge Housing Authority (CHA). The trial judge allowed the defendant’s motion for judgment notwithstanding the verdict (judgment n.o.v.), agreeing with the CHA that the plaintiffs’ claim of negligent failure to change the apartment’s locks had not been adequately made in the presentment letter, as required under § 4 of G. L. c. 258, the Massachusetts Tort Claims Act, and that there was insufficient evidence of causation to support the verdict. Final judgment entered dismissing the plaintiffs’ complaint in its entirety.3 We reverse so much of the judgment as dismisses the plaintiffs’ claims against the CHA, as we conclude (1) that the presentment letter’s description of the three attacks, and allegations of the CHA’s negligent maintenance of the premises, including the apartment doors and locks, was sufficient to allow the CHA to undertake the appropriate factual investigation, legal inquiry, and settlement analysis, and thereby fulfilled the purposes of the presentment under the statute, and (2) there was sufficient evidence for the jury to find that the CHA’s failure to change [129]*129the locks after the first home invasion proximately caused the next two incidents. Finally, we resolve questions raised regarding the application of the G. L. c. 258, § 2, damages cap to the multiple injuries and damages awards in this case.

1. Background, a. The presentment letter. The plaintiffs’ presentment letter, dated January 31, 1995, described three different invasions of their apartment in a three-week period that left Carmen and her sons, Samuel Rodriguez and Carlos Ocasio,4 hospitalized.5 The letter included the dates and character of each incident and the types of damages each plaintiff sustained. It alleged that the injuries resulted from the “CHA’s failure to provide adequate security” and its breach of various lease provisions. The lease, referenced in and attached to the presentment letter, required the CHA to (1) provide the tenants quiet and peaceful enjoyment of the leased premises; (2) maintain the premises and the development in a safe condition; and (3) repair defective or unsafe conditions or provide alternative living quarters, within twenty-four hours of notice of such conditions. The lease prohibited the tenants from repairing or replacing door locks themselves.

In its recital of the home invasions, the presentment letter stated: “Despite [Carmen’s] numerous requests to be transferred ... the CHA took no action whatsoever to accommodate or do anything to remedy the lack of security and peaceful enjoyment of 112 Jackson Place. Additional locks were not provided . . . nor were the doors and windows made more secure. As a consequence, the Rodriguez family was subject to three home invasions . . . .” The letter did not mention that the twelve year old plaintiff, Samuel, had lost a key to the apartment at the home of his aunt. The aunt was married to Joaquin Luciano; the plaintiffs believed Luciano orchestrated the three attacks on the Rodriguez family.

The three home invasions were described in the presentment letter as follows: “On May 12, 1994, at approximately 9:30 [130]*130a.m., Carmen Rodriguez was attacked by someone who had broken into her home,” who told her (in Spanish), “I am here to kill you.” Eventually, she managed to escape through a window and run away. As a result of this attack, she and her doctors and social workers asked the CHA that she “be moved or at least provided with some assurance of safety.” Approximately one week later, on May 18, 1994, Carmen was attacked again “in the early morning hours” in her bedroom. The attacker gagged and beat her and “hog-tied” her neck to her feet. As Samuel and his sister attempted to enter their mother’s bedroom, the assailant escaped through the window. After discovering his mother hog-tied, Samuel went into shock and was hospitalized from May 18, 1994, to June 3, 1994. Carmen was also hospitalized following the incident.

The third attack occurred on June 4, 1994, the day after Carmen and Samuel were discharged from the hospital. They returned to their apartment with Samuel’s older brother, Carlos Ocasio, and heard an intruder leaving as they entered. According to the letter, the intruder wielded a knife and inflicted serious injuries on Ocasio, whose hand was “nearly severed” at the wrist. Although not explained in the letter, this confrontation occurred outside the apartment, when Ocasio chased down Joaquin Luciano, who was seen walking in the vicinity of the apartment immediately after the plaintiffs entered.

b. Evolution of the case, (i) Pretrial. The presentment letter triggered an investigation by Allied Adjustment Service (Allied) on behalf of the CHA. Allied interviewed the plaintiffs and the CHA’s building manager. The investigation revealed a work order prepared by the manager dated June 6, 1994, two days after the third attack, which stated, “Tenant wants locks changed — thinks unauthorized person has key.”

The plaintiffs filed their complaint in Superior Court on August 23, 1995. In paragraph twenty-six of the complaint, the plaintiffs stated that “[o]n or about January 31, 1995, a detailed letter was sent to CHA demanding an offer of settlement.” Paragraph twenty-six also referenced a response from Allied indicating it was investigating the matter. After detailing the three incidents, the complaint alleged negligence and failure to comply with the lease terms. The plaintiffs alleged that the [131]*131“development was not a safe place . . . and that security was needed to make said premises safe and free from danger.” The complaint did not mention specifically the doors, windows, or locks at the apartment.

The CHA moved to dismiss, arguing that the claims for negligent security were barred under G. L. c. 258, § 10(6) and (/'). The CHA did not allege inadequate presentment. In their opposition to the motion, the plaintiffs referred to the CHA’s “failure to maintain the doors, windows, locks and keys.” They alleged that the CHA’s “negligent installation and repair of the doors, windows, locks and keys were the original cause of the harmful condition that led to the attacks upon the [p]laintiffs.” A Superior Court judge denied the motion. She concluded that although a housing authority’s decision as to what security measures to employ on its premises is discretionary and thus protected under G. L. c. 258, § 10(6), “[t]he claims in . . . the complaint that the CHA promised to provide quiet and peaceful enjoyment and to repair unsafe conditions within 24 hours or provide alternative accommodations and reasonable moving expenses ma[d]e it impossible ... to determine that as a matter of law there is no set of facts which would entitle the plaintiff[s] to relief.”

Thereafter, the CHA moved for partial summary judgment, arguing again that the claims of inadequate security were barred by G. L. c. 258, § 10(6) and (/). The CHA expressly did not, however, seek summary judgment on claims “that the criminal assaults were caused by the CHA’s negligent maintenance of its premises; specifically, doors and/or windows.” Once again, the CHA made no challenge to the adequacy of the presentment.

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Bluebook (online)
795 N.E.2d 1, 59 Mass. App. Ct. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-cambridge-housing-authority-massappct-2003.