Shu-Ra Ali v. City of Boston, 441 Mass. 233 (2004)
Mar 15, 2004OUTCOME: SJC affirmed grant of City's summary judgment motion
Plaintiff, injured while riding through Franklin Park sued the landowner, City of Boston for damages. The City moved for summary judgment arguing that the Recreational Use Statute, G.L. c. 21, s. 17C, ... absolves an owner of public land from liability for personal injuries in the absence of willful, wanton and reckless conduct. The lower court granted the motion and the plaintiff appealed. The Appeals Court reversed. The City appealed to the Supreme Judicial Court, which granted certiorari. The Supreme Judicial Court held that the City, as a public landowner holding open its real estate to the public gratis can only be found liable to an injured patron if that patron can establish that the City acted with willful, wanton and reckless conduct.
