Ciampa v. Beverly Airport Comm'n, 650 N.E.2d 816 (Mass. App. Ct. 1995). · Go Syfert
Ciampa v. Beverly Airport Comm'n, 650 N.E.2d 816 (Mass. App. Ct. 1995). Cases Citing This Book View Copy Cite
17 citation events (14 in the last 25 years) across 7 distinct courts.
Strongest positive: Rodi v. Southern New England School of Law (ca1, 2004-11-10)
Top citers, strongest first. 7 distinct citers.
discussed Cited as authority (rule) Rodi v. Southern New England School of Law
1st Cir. · 2004 · signal: cf. · confidence medium
Cf. Ciampa v. Beverly Airport Comm’n, 38 Mass.App.Ct. 974 , 650 N.E.2d 816, 817 (1995) (holding that “dismissal for bringing an action in the wrong court is ‘a matter of form’ within the meaning of § 32”).
discussed Cited as authority (rule) Carroll v. City of Worcester
Mass. App. Ct. · 1997 · confidence medium
In granting the defendants’ motion for summary judgment, the Superior Court judge relied upon Ciampa v. Beverly Airport Commit., 38 Mass. App. Ct. 974, 975 (1995), where we stated, relying on Weaver v. Commonwealth, 387 Mass. 43, 50 (1982), that the “tolling provisions of G.
discussed Cited as authority (rule) Carroll v. City of Worcester
Mass. Super. Ct. · 1995 · confidence medium
General Laws c. 260, §32 applies to lawsuits brought “within the time limited in [Chapter 260],” and its tolling provisions “have no application to actions, such as this, not having a common law basis but authorized instead by G.L.c. 258 which contains its own limitations period.” Ciampa v. Beverly Airport Commission, 38 Mass.App.Ct. 974, 975 (1995).
discussed Cited "see" Hearts with Haiti, Inc. v. Kendrick (2×)
Me. Super. Ct · 2018 · signal: accord · confidence high
See Loomer v. Dionne, 338 Mass. 348, 351-52 , 155 N.E.2d 411, 413-14 (1959); accord Ciampa v. Beverly Airport Comm'n, 38 Mass. App. Ct. 974,974 , 650 N.E.2d 816,817 (1995).
discussed Cited "see" Cannonball Fund, Ltd. v. Dutchess Capital Management, LLC
Mass. App. Ct. · 2013 · signal: see · confidence high
See Ciampa v. Beverly Airport Commn., 38 Mass. App. Ct. 974, 974 (1995) (subject matter jurisdiction); Boutiette v. Dickinson, 54 Mass. App. Ct. at 817, 818 (personal jurisdiction and subject matter jurisdiction); Rodi v. Southern New England Sch. of Law, 389 F.3d 5, 18 (1st Cir. 2004) (“A dismissal for lack of personal jurisdiction is the paradigmatic example of a decision not on the merits that can be cured by new process in a different court”).
cited Cited "see" Boutiette v. Dickinson
Mass. App. Ct. · 2002 · signal: see · confidence high
See Ciampa v. Beverly Airport Commn., 38 Mass. App. Ct. 974, 974 (1995).
cited Cited "see, e.g." Cannonball Fund, Ltd. v. Dutchess Capital Management, LLC
Mass. Super. Ct. · 2011 · signal: see also · confidence medium
See also Ciampa v. Beverly Airport Comm’n, 38 Mass.App.Ct. 974, 974 (1995); Rodi v. Southern New England Sch. of Law, 389 F.3d 5, 17-19 (1st Cir. 2004).
Carmen J. Ciampa & another
v.
Beverly Airport Commission & another
No. 94-P-1455.
Massachusetts Appeals Court.
Jun 7, 1995.
650 N.E.2d 816
Sumner H. Smith for the plaintiffs., Robert A. Munroe for the defendants.
Cited by 12 opinions  |  Published

The plaintiffs brought this action under G. L. c. 258 for damage to their aircraft, and loss of use thereof, allegedly caused by the negligence of employees of the Beverly Airport Commission. On the last day of the three-year statute of limitations, G. L. c. 258, § 4, the plaintiffs filed their action in the Salem District Court. Two months later, a judge of that court dismissed the action for want of jurisdiction, which lay only in the Superior Court. See G. L. c. 258, § 3. The plaintiffs then commenced a new action in the Superior Court, five months after the expiration of the limitations period, invoking as authority G. L. c. 260, § 32, as appearing in St. 1973, c. 114, § 340. Chapter 260, by various provisions, sets the limitations periods for different types of claims, and § 32 provides that “[i]f an action duly commenced within the time limited in this chapter is dismissed . . . for any matter of form, ... the plaintiff . . . may commence a new action for the same cause within one year after the dismissal.” The plaintiffs appeal from an order dismissing the Superior Court action as untimely.

The defendants correctly concede that dismissal for bringing an action in the wrong court is “a matter of form” within the meaning of § 32. See[*975] Loomer v. Dionne, 338 Mass. 348, 351-352 (1959). This does not help the plaintiffs, however, because the tolling provisions of G. L. c. 260 have no application to actions, such as this, not having a common law basis but authorized instead by G. L. c. 258, which contains its own limitations period. Weaver v. Commonwealth, 387 Mass. 43, 50 (1982). Compare General Elec. Co. v. Lexington Contr. Corp., 363 Mass. 122, 124 (1973) (§ 32 has no application where the limitations period is imposed by contract rather than by a provision of c. 60).

Sumner H. Smith for the plaintiffs. Robert A. Munroe for the defendants.

Judgment affirmed.