Heng v. Commonwealth

Curran, Dennis J., J.

Introduction

Before me is the Commonwealth’s motion for summary judgment seeking dismissal because the state is immune from liability under G.L.c. 258, section 10(j).

Factual Background

Sarom Srey was a passenger in a stolen car fleeing from a marked state police cruiser when the car thief, Paul Santos, failed to negotiate a turn on Gorham Street in Lowell, crashed into a telephone pole, then the exterior brick stairs of a house and ejected Srey, killing him.

Srey’s version of events disappeared with his death; and Santos’ memory of the event is non-existent. Thus, we are…