Colella v. Commonwealth

On April 23, 1990, the plaintiff Diane L. Colella was operating a motor vehicle, owned by the plaintiff Raymond A. Colella, on Salem Street, a public way, in Malden. When she passed under Route 1, a State highway, a piece of concrete from the overpass fell through the vehicle’s windshield, injuring Diane. The plaintiffs brought this action pursuant to the State Tort Claims Act (G. L. c. 258 [1992 ed.]), seeking recovery for personal injury and property damage.

The Commonwealth moved unsuccessfully that the action be dismissed or, alternatively, for summary judgment in its favor, claiming that…