TOMASELLO v. COMMONWEALTH


398 Mass. 284 (1986)

496 N.E.2d 638

ROBERT M. TOMASELLO & others vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Suffolk.

August 19, 1986.


Attorney(s) appearing for the Case

Christopher R. Sullivan, Special Assistant Attorney General, for the Commonwealth.

Nelson Gediman for the plaintiffs.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.


WILKINS, J.

On June 12, 1982, each adult plaintiff was operating a motorized bicycle (moped) on a State highway in Stoneham with one of the two minor plaintiffs as a passenger. Each moped in turn struck a pothole and overturned causing injuries to each plaintiff and damage to each moped.

The jury returned special verdicts. They found the Commonwealth negligently caused the personal injuries and the property damage...

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