On July 4, 2005, the plaintiff, was a front seat passenger in an antique car operated by her husband.  The vehicle was headed westbound on Center Street in the Town of Groveland when it went through an intersection with out stopping and was hit by another vehicle traveling southbound on Route 97.  The antique vehicle was not equipped with seat belts and both occupants were ejected. 

At the scene, the plaintiff was combative and perseverating.  EMT’s reported that the plaintiff had a Glasgow Coma Scale (GCS) of nine.  Upon arrival at the hospital, staff noted that the plaintiff was combative but her GCS was now fifteen. 

The plaintiff had sustained bilateral subarachnoid hemorrhages, a pelvic fracture, multiple rib fractures and a left sided pneumothorax.  Months later, the plaintiff’s primary care physician was amazed at plaintiff’s lucidity and cognitive completeness.

Plaintiff’s husband was cited for failing to stop his vehicle before entering the intersection of Center Street and Route 97.  Plaintiff’s husband claimed that he could not see the stop sign, was unaware that he was entering an intersection and could not see any vehicular traffic on Route 97 because overgrown trees and shrubbery obscured both the stop sign and intersection.

Plaintiff brought her claim against her husband under the case of Brown v. Brown,  381 Mass. 231 (1980), which holds that the common law rule of interspousal immunity does not bar a personal injury action brought by a plaintiff against a spouse.  Plaintiff’s claim against her husband was settled eight months after the incident for the full policy limits of $250,000, without the necessity of filing suit.

Plaintiff has also brought a M.G.L. c. 258 claim against the Town of Groveland for negligent maintenance and repair of the stop sign and intersection, under Twomey v. Commonwealth 444 Mass 58 (2005).  Suit against the Town of Groveland is still pending.