Legal Opinion

Kelly v. Middlesex Corp.

Massachusetts Appeals Court

Decided July 23, 1993No. 91-P-1213PublishedCited by 15 opinions

1Opinion of the CourtKass, J.

At around 3:00 p.m. on August 11, 1989, the plaintiff Kevin J. Kelly, a State trooper, was writing out a ticket to a motorist whom he had stopped for speeding in Marlborough. Kelly’s police cruiser and the motorist’s car were stopped in the southbound breakdown lane of highway Route 495. As Kelly was returning to his cruiser a southbound vehicle driven by Sergio Peluffo unaccountably veered to the right off the road and struck the unfortunate State trooper. Peluffo, it turned out, had fallen asleep at the wheel.

The ensuing action by which Kelly sought compensation for his injuries resulted in…

2Cases cited15 opinions

  1. Poirier v. Town of PlymouthMassachusetts Supreme Judicial Court · 1978
  2. McEvoy Travel Bureau, Inc. v. Norton Co.Massachusetts Supreme Judicial Court · 1990
  3. Wang Laboratories, Inc. v. Business Incentives, Inc.Massachusetts Supreme Judicial Court · 1986
  4. Smith v. Ariens Co.Massachusetts Supreme Judicial Court · 1978
  5. Uloth v. City Tank Corp.Massachusetts Supreme Judicial Court · 1978

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3Cited by15 opinions

  1. Merlonghi v. United StatesCourt of Appeals for the First Circuit · 2010
  2. Lev v. Beverly Enterprises-Massachusetts, Inc.Massachusetts Supreme Judicial Court · 2010
  3. Mosko v. Raytheon Co.Massachusetts Supreme Judicial Court · 1993
  4. Ryba v. LaLancetteDistrict Court, D. Massachusetts · 2006
  5. Collins ex rel. Shepler v. Northwest Airlines, Inc.District Court, D. Massachusetts · 1995

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