Bullock v. Commonwealth of Massachusetts Highway Department

This is an action for personal injuries brought by the plaintiff under the provisions of G.L.c. 258, for injuries alleged by the plaintiff to have occurred when a metal object fell from a state highway department truck that she was following while operating her vehicle on Rt. 20 in the Town of Charlton, a state highway. The defendant, a public employer as defined in said chapter, has moved for summary judgment seeking, in effect, a declaration that the action is not subject to c. 258, but rather is subject to the exclusive jurisdiction of c. 81, as it contends that the injuiy was due to a…