Legal Opinion

Silva ex rel. Pantano v. Town of Nahant

Massachusetts Superior Court

Decided March 15, 2000No. 97-0698Published

1Opinion of the CourtFremont-Smith, J.

In this case, plaintiff seeks damages for a serious personal injury sustained in the eye of this sixteen-year-old boy when, with some friends, he had entered into an underground tunnel located on town land at Fort Ruckman at the rear of Bailey’s Hill in Nahant. The tunnels have metal bars protruding from the ceiling, one of which struck Shane Silva (“Shane”) in his eye. It is alleged that the town had been aware of the dangerous condition but had negligently failed to properly maintain, illuminate or otherwise safeguard it from children, and is alleged to be liable pursuant to G.L.c. 258 §4…

2Cases cited3 opinions

  1. HOFF EX REL. HOFF v. Natural Refining Products Co.New Jersey Superior Court Appellate Division · 1955
  2. Puskey v. Western Massachusetts Electric Co.Massachusetts Appeals Court · 1986
  3. Jackson v. LearyMassachusetts Superior Court · 1993

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