CARLETON v. FRAMINGHAM


418 Mass. 623 (1994)

640 N.E.2d 452

MARY G. CARLETON, administratrix, vs. TOWN OF FRAMINGHAM (and a companion case).

Supreme Judicial Court of Massachusetts, Middlesex.

September 12, 1994.


Attorney(s) appearing for the Case

Philip B. Benjamin (Aaron K. Bikofsky, Town Counsel, with him) for town of Framingham.

Albert B. Zabin for Mary G. Carleton.

Joseph H. Burke, Jr., for Nancy Kelley.

Scott Harshbarger, Attorney General, Michelle A. Kaczynski & Eleanor Coe Sinnott, Assistant Attorneys General, for the Commonwealth, amicus curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.


WILKINS, J.

Lynn Marie Carleton and Arthur T. Kelley, Jr., were killed on November 10, 1985, when a speeding motor vehicle operated by Garret Nagle, a drunk driver, failed to negotiate a curve on Route 30 in Wayland and struck the vehicle in which the plaintiffs' decedents were traveling. The plaintiffs' actions are based on the claim that Charles Cooper, a Framingham police officer, had been negligent in permitting Nagle to operate his motor vehicle after Cooper...

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