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Twomey v. Commonwealth4/20/2005
t against housing authority for breach of contractual duty to inspect housing for lead-based paint hazard]). It does not preclude claims, as here, arising from the Commonwealth's negligent maintenance of its own property, even though that maintenance may include inspections. If there is any lingering doubt as to whether the Commonwealth is immune from the plaintiffs' suit, that doubt is put to rest by G. L. c. 258, ยง 10 (j) (3), which provides that the Commonwealth has no immunity from "any claim based on negligent maintenance of public property." The sign in question was designed, installed, and maintained by the Commonwealth, and even though the sign was situated on town land, there is no reason that the Commonwealth should not be liable for damage caused by any failure to maintain it in a safe condition. As acknowledged by the plaintiffs, the limit of the Commonwealth's liability in any case is not to exceed $100,000.
4. We affirm the orders denying the Commonwealth's motions for summary judgment and for reconsideration and remand the case to the Superior Court for trial.
So ordered.
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