Aguila v. Massachusetts Turnpike Authority

Fecteau, Francis R., J.

On December 29, 2004, a cow belonging to the Stokes was able to find a breach in the fence that lines much of the Massachusetts Turnpike, in Charlton, Massachusetts. According to the motion record (including the report of a state police accident reconstruction that each party has appended as an exhibit), at approximately 9:45 p.m., the cow was seen by an operator of a tractor-trailer to enter the roadway and was the first to strike it. It was then struck by one other vehicle traveling behind the truck, resulting in the cow’s body lying in a west-bound lane. Moments…