Whooley v. Commonwealth

Background. On February 10, 1996, the plaintiff visited the Anthony LoConte Ice Rink, a facility in Medford owned by the Commonwealth, to watch her grandson play hockey. She alleges that she fell and was injured on a thin layer of ice covering a metal plate located on the walkway leading to the bleachers. She sued the Commonwealth in a complaint containing counts for negligence, gross negligence, willful, wanton or reckless conduct, and negligent infliction of emotional distress. The Commonwealth moved for summary judgment on the grounds that the recreational use statute, G. L. c. 21, § 17C,…