Forbush v. City of Lynn

Should a municipality be immune from tort liability to a child who was seriously injured while playing on a public playground as a result of the municipality’s wilful, wanton or reckless conduct? A Superior Court judge construed our statutes to require an affirmative answer to this question and granted summary judgment to the defendant municipality. We disagree with that conclusion and reverse.

Seven year old Thomas Forbush was playing on a broken swing at the Keaney Playground, a facility owned and operated by the city of Lynn, on July 19, 1989. The playground was open to the public for…