Dean v. City of Fitchburg

Fecteau, Francis R., J.

The plaintiff, Jean Dean, on behalf of herself and her minor son Samuel Dean (“Dean") has filed a civil law suit against the defendant City of Fitchburg claiming that her son sustained personal injuries when he came into contact with a wire fence in a public park, as a direct and proximate result of defendant’s wilful, wanton or reckless conduct in the maintenance, repair, inspection and upkeep of such fence. Defendant moves for summary judgment claiming that it is immune from liability under G.L.c. 21, §17C,1 the Recreational Use Statute.

The material, undisputed facts,…