Wilkins V. City Of Haverhill 468 Mass. 86, 8 N.E. 3d 753 (2014)
Jan 01, 2014OUTCOME: SJC ruled for Plaintiff/Appellant - Case remanded and settled favorably.
Justice Duffly - " Wilkins was injured when she slipped and fell on ice that had accumulated on the walkway of a public school owned and operated by the city of Haverhill (city). At the time of the fa ... ll, early in the evening of February 10, 2011, Wilkins was on the city's premises to attend a scheduled parent-teacher conference. Wilkins filed a complaint in the Superior Court against the city alleging that its negligence caused her injuries. In its motion for summary judgment, the city raised as a defense G.L. c. 21, § 17C, which bars claims of ordinary negligence against a landowner, including a government entity, that has opened its land to the public for recreational, educational, or other enumerated purposes, without charging a fee. A Superior Court judge allowed the city's motion; Wilkins appealed, and we allowed her application for direct appellate review. Because we conclude that the limitation on liability provided by G.L. c. 21, § 17C, extends solely to land open to the general public, and during the relevant time the school was open only to a discrete group and not to the general public, we reverse."
