Knight v. Commonwealth

After he had settled a claim for property damage to his 1985 Ford pickup truck with the Commonwealth, Kevin Knight brought a further claim under the State Tort Claims Act (G. L. c. 258) against the Commonwealth for personal injuries received in the same accident. The Commonwealth, acting through the Massachusetts Highway Department, responded that the additional claim was barred by G. L. c. 258, § 5, which provides that any settlement precludes further claims arising out of the same subject matter. A judge of the Superior Court allowed a summary judgment motion in favor of the Commonwealth.…