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FORTENBACHER v. COMMONWEALTH

No. 07-P-937.

72 Mass. App. Ct. 82 (2008)

MICHELLE FORTENBACHER v. COMMONWEALTH.

Appeals Court of Massachusetts, Bristol.

June 16, 2008.

Attorney(s) appearing for the Case

Timothy R. McGuire, Assistant Attorney General, for the Commonwealth.

Lynn M. Whitney for the plaintiff.

Present: TRAINOR, SMITH, & MEADE, JJ.

MEADE, J.

The plaintiff, Michelle Fortenbacher, individually and in her capacity as the administratrix of the estate of her son, Richard MacCord, brought this wrongful death action, pursuant, in part, to the Massachusetts Tort Claims Act (Act), G. L. c. 258, against the Commonwealth as a result of a fatal motor vehicle accident on a bridge. The Commonwealth's motion for summary judgment, which claimed, among other things, that it was immune from suit pursuant to ...

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