Legal Opinion
Marcus v. City of Newton
Massachusetts Supreme Judicial Court
Decided May 7, 2012PublishedCited by 17 opinions
1Opinion of the CourtBotsford, J.
Edward Marcus was injured during a softball game on a public field owned by the city of Newton (city). We consider the city’s appeal,1 which we transferred from the Appeals Court on our own motion, from the denial of its motion for summary judgment, based on the ground that it was immune from suit pursuant to the recreational use statute, G. L. c. 21, § 17C. The city argues that the judge erred in denying its motion, and that it is entitled to immediate appellate review of the denial under the doctrine of present execution. Although we hold that the doctrine does not apply in the…
2Cases cited15 opinions
- Fabre v. WaltonMassachusetts Supreme Judicial Court · 2004
- Wellesley College v. Attorney GeneralMassachusetts Supreme Judicial Court · 1943
- Brum v. Town of DartmouthMassachusetts Supreme Judicial Court · 1999
- Borman v. BormanMassachusetts Supreme Judicial Court · 1979
- Fabre v. WaltonMassachusetts Supreme Judicial Court · 2002
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- City of Revere v. Massachusetts Gaming CommissionMassachusetts Supreme Judicial Court · 2017
- Cohen v. Elephant Rock Beach Club, Inc.District Court, D. Massachusetts · 2014
- Patel v. MartinMassachusetts Supreme Judicial Court · 2018
- Patterson v. Christ ChurchMassachusetts Appeals Court · 2014
- Murray v. Town of HudsonMassachusetts Supreme Judicial Court · 2015
12 more not listed; retrieve them via the Exa API.