COLELLA v. COMMONWEALTH


417 Mass. 433 (1994)

630 N.E.2d 595

DIANE L. COLELLA & another vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

April 7, 1994.


Attorney(s) appearing for the Case

Beverly I. Ward, Assistant Attorney General, for the Commonwealth.

Daniel J. Reddig for the plaintiffs.

Present: WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.


WILKINS, J.

On April 23, 1990, the plaintiff Diane L. Colella was operating a motor vehicle, owned by the plaintiff Raymond A. Colella, on Salem Street, a public way, in Malden. When she passed under Route One, a State highway, a piece of concrete from the overpass fell through the vehicle's windshield, injuring Diane. The plaintiffs brought this action pursuant to the State Tort Claims Act (G.L.c. 258 [1992 ed.]), seeking recovery for personal injury and property...

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