Tryon v. City of Lowell, 29 Mass. App. Ct. 720 (1991)

Outcome: (Not available)

Description: The Superior Court’s judgment for the defendant was overturned because the extent of the duty owed by the City to an injured child was a question of fact for the jury to determine and the defendant could not avoid liability under the discretionary function exemption of the Massachusetts Tort Claims Act (G. L. c. 258, § 10(b)). At trial, the jury awarded Sugarman‘s clients damages for injuries to a child trespasser when his arm was run over by a train as he walked along railroad tracks on the way to school.