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SMITH v. REGISTRAR OF MOTOR VEHICLES.

No. 05-P-615.

66 Mass. App. Ct. 31 (2006)

ROBERT L. SMITH vs. REGISTRAR OF MOTOR VEHICLES.

Appeals Court of Massachusetts, Middlesex.

April 6, 2006.

Attorney(s) appearing for the Case

Stephen Dick, Assistant Attorney General, for the defendant.

Robert F. Casey, Jr., for the plaintiff.

Present: DUFFLY, BROWN, & KATZMANN, JJ.

KATZMANN, J.

The complaint in this case was triggered by an apparent error in the Registry of Motor Vehicles's (RMV) database. We conclude that the plaintiff's suit is barred by the sovereign immunity provisions of G. L. c. 258, the Massachusetts Tort Claims Act (MTCA). G. L. c. 258, § 10(e). Accordingly, we reverse the Superior Court judge's denial of the defendant's motion to dismiss the complaint.

For the purposes of our review, we accept as...

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