Poulson v. Commonwealth

On March 19, 1993, the plaintiff, Paul Poulson, was injured when his car struck construction barriers on Route 122 in Worcester. Poulson brought this negligence action against the Commonwealth of Massachusetts, pursuant to G.L.c. 258, the Massachusetts Tort Claims Act. Poulson alleges that the Commonwealth negligently and carelessly erected barriers in the southbound lane without any warning to advise the motoring public of the approaching danger. Arguing that such barriers do not constitute a highway defect, Poulson does not seek recovery under G.L.c. 81, §18, the Highway Defect Statute, and…