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KELLY v. MIDDLESEX CORP.

No. 91-P-1213.

35 Mass. App. Ct. 30 (1993)

616 N.E.2d 473

KEVIN J. KELLY & another vs. MIDDLESEX CORPORATION.

Appeals Court of Massachusetts, Worcester.

July 23, 1993.

Attorney(s) appearing for the Case

Philip J. MacCarthy for the defendant.

John F. Keenan for the plaintiffs.

Present: PERRETTA, KASS, & LAURENCE, JJ.

KASS, J.

At around 3:00 P.M. on August 11, 1989, the plaintiff Kevin J. Kelly, a State trooper, was writing out a ticket to a motorist whom he had stopped for speeding in Marlborough. Kelly's police cruiser and the motorist's car were stopped in the southbound breakdown lane of highway Route 495. As Kelly was returning to his cruiser a southbound vehicle driven by Sergio Peluffo unaccountably veered to the right off the road and struck the unfortunate State trooper...

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