Twomey v. Commonwealth

We transferred this case here on our own motion to consider whether the Commonwealth’s duty to maintain a stop sign erected, pursuant to G. L. c. 85, § 2, by the Massachusetts Highway Department (department) on property owned by the town of Westford (town), includes the duty to ensure that the sign is visible and not obstructed by surrounding foliage and, if such a duty exists, whether provisions of G. L. c. 258, § 10 (/), shield the Commonwealth from liability for its negligent performance of that duty. The plaintiffs’ son, Peter M. Twomey, was killed in a collision after the driver of the…