Diamond v. City of Newton

On October 24, 1997, the plaintiff tripped over a three-inch metal stub (evidently the remains of a sign post) protruding from the ground in a grass and dirt area between Park Avenue and the sidewalk, in the city of Newton (city). At the time, the plaintiff had just crossed Park Avenue while taking “a late afternoon stroll with [his] wife” at a “brisk speed.” Where the plaintiff fell, a large amount of leaves had accumulated, thereby at least partially obscuring the metal stub from view.

The plaintiff brought a three-count complaint in the Superior Court against the city. In count I, the…