Mills ex rel. Mills v. Town of Grafton

Agnes, Peter W., J.

1. Introduction

This is a civil action in which the minor plaintiff (“plaintiff’) fell and suffered a severe head injury on May 15, 2003 while playing on the property of the Grafton Middle School. The property where the incident occurred is owned and controlled by the defendant Town of Grafton. The defendant has filed a motion for summary judgment. It relies on the state’s Recreational Use Statute. See G.L.c. 21, §17C(a). The defendant town maintains that it is entitled to summary judgment because the Recreational Use statute limits its exposure to circumstances it which it…