 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Twomey v. Commonwealth4/20/2005
e Mustang was traveling west on Concord Road toward the intersection with Power Road. A stop sign on Concord Road that controlled traffic entering the intersection normally instructed traffic to stop before crossing Power Road. Although the town routinely maintained the foliage around the sign, on that day, the sign was obstructed by foliage. Peter's co-worker continued into the intersection without stopping and, once in the intersection, was unable to avoid a vehicle approaching on Power Road from the right. Peter was killed in the ensuing collision. The co-worker testified at a deposition that, although he saw two signs on Concord Road warning of the approaching intersection, he never saw the stop sign. The Commonwealth admits that, "in the year 1997, [the department] did not inspect Concord Road . . . for overgrowths of foliage or brush."
2. The Commonwealth concedes the department's statutory duty to maintain the stop sign in question and appears to concede as well that its duty to maintain the sign includes an obligation to ensure that there are no defects that would render the sign unsafe. It contends, however, that the town, as the landowner and owner of Concord Road, already had a continuing duty of reasonable care to eliminate any overgrowth of foliage blocking the sign, and, further, that the language of G. L. c. 87, §§ 3 and 5, providing that a town tree warden (or a deputy) is the only official who may trim or remove shade trees and bushes located on town land, effectively prohibited any department employee from cutting the foliage, even if the employee knew (or should have known) that overgrowing foliage posed a risk to the traveling public. According to the Commonwealth, to require those employees to inspect trees and brush surrounding all signs placed on town land, and then to require them to notify town officials of their duty to take remedial action when overgrowing foliage obscures a sign's visibility, would be an "unwieldy and an unwarranted burden" on the Commonwealth. We disagree.
General Laws c. 85, § 2, directs the department to "erect and maintain on state highways and on ways leading thereto and therefrom . . . warning signs . . . as it may deem necessary for promoting the public safety and convenience." The Commonwealth concedes, as it must, that " nything in the state or condition of a highway which renders it unsafe for ordinary travel is a defect or want of repair." Valvoline Oil Co. v. Winthrop, 235 Mass. 515, 521 (1920). This court has interpreted broadly the definition of a defect. See Huff v. Holyoke, 386 Mass. 582, 585 (1982) (chain strung across highway was road defect); Miles v. Commonwealth, 288 Mass. 243, 243-244 (1934) (decayed tree located nine feet past highway was road defect); Valvoline Oil Co. v. Winthrop, supra at 520-521 (tree limb over highway was road defect). See also Gallant v. Worcester, 383 Mass. 707, 711 (1981). We have no difficulty concluding that a sign that is obstructed by overgrowing foliage is a defective sign that falls within the Commonwealth's statutory duty to "maintain [such sign] for promoting the public safety and convenience." A sign that cannot be seen by travelers on the road is no better than no sign at all.
That the town also had an obligation to maintain Concord Road, including the foliage surrounding the stop sign, free of defects, see G. L. c. 84, § 15, does not negate the existence of a similar duty, with respect to the stop sign, on the part of the Commonwealth. The Commonwealth's argument to the contrary is not persuasive. Public safety can only be enhanced by the town's and the Commonwealth's dual responsibility. The Commonwealth argues that to require periodic safety inspections of all of its signs would imp
Page 1 2 3 4 Massachusetts Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|