Moore v. Town of Billerica

The defendant, the town of Billerica (town), appeals from the denial of its motion for summary judgment on this suit brought under the Massachusetts Tort Claims Act (MTCA). In its motion for summary judgment, the defendant argued that it is immune from suit under G. L. c. 258, § 10(b) and (j), as appearing in St. 1978, c. 512, § 15, and immune from liability under the recreational use statute, G. L. c. 21, § 17C(a), as appearing in St. 1998, c. 268.2 The judge denied *730the motion, citing “[gjenuine issues of material fact as to, inter alia, causation and . . . degree of discretion, if any, on…