Gleason v. Adelman

Wheatley, PJ.

This is an appeal from the allowance of the defendant’s motion for summary judgment. The motion judge ruled that the plaintiffs allegation of negligence was not enough to charge the plaintiff with liability in this situation, that the higher standard of care of reckless misconduct applies. The plaintiff filed this Dist./Mun. Cts. R. A. D. A., Rule 8A, expedited appeal upon an agreed statement of facts. We reverse the lower court decision and deny defendant’s motion for summary judgment.

The controversy centers around the activity between two participants in a sailboat race in…