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KNIGHT v. COMMONWEALTH

No. 97-P-1913.

46 Mass. App. Ct. 674 (1999)

KEVIN KNIGHT v. COMMONWEALTH.

Court of Appeals of Massachusetts, Worcester.

April 30, 1999.

Attorney(s) appearing for the Case

Janet H. Pumphrey for the plaintiff.

Michelle A. Kaczynski, Assistant Attorney General, for the Commonwealth.

Present: KASS, DREBEN, & SPINA, JJ.

KASS, J.

After he had settled a claim for property damage to his 1985 Ford pickup truck with the Commonwealth, Kevin Knight brought a further claim under the State Tort Claims Act (G. L. c. 258) against the Commonwealth for personal injuries received in the same accident. The Commonwealth, acting through the Massachusetts Highway Department, responded that the additional claim was barred by G. L. c. 258, § 5, which provides that any settlement precludes further...

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