Joseph M. Orlando, Jr. v. City of Gloucester

Presently before the court is Defendant's Summary Judgment Motion ("the Motion") (Paper No. 9), in which the defendant, City of Gloucester ("Gloucester"), argues the Recreational Use Statute, G.L. c. 21, § 17C (the "RUS"), bars the plaintiff, Joseph M. Orlando, Jr. ("Orlando"), from recovery under his claim of negligence against Gloucester. Orlando opposes. After hearing and review of the written submissions including pleadings, exhibits, and statements of material facts, the Motion is ALLOWED.

BACKGROUND

Orlando has brought a one-count negligence claim against Gloucester. He alleges that he…