Intriligator v. City of Boston

In March, 1978, the plaintiff slipped on ice on the sidewalk of Commonwealth Avenue near Kenmore Square in Boston and fell, injuring her arm. The place where she fell was not a public way in the traditional sense but was a so-called park road. If the injury had occurred solely as a result of ice on a public way, she could not have recovered against the city because of the limitations on municipal liability for injuries caused by snow and ice on public ways set forth in G. L. c. 84, § 17 (1984 ed.). Because the injury was sustained on a park road, however, the limitations of § 17 did not apply…