Gallagher v. City of Medford

Doyle; P. J.

This is an action pursuant to G.L. c. 84, § 15 to recover damages for personal injuries sustained by plaintiff Karyn Gallagher in a fall allegedly attributable to a defect on Baxter Street in Medford, Massachusetts.

The defendant, City of Medford, filed a Dist./Mun. Cts. R. Civ. P., Rule 56 motion for summaryjudgment on the grounds that Baxter Street is a private way which the City does not control and is not obligated to repair or maintain. Supporting affidavits submitted by Medford’s City Engineer, Director of Public Works and City Clerk indicated that Baxter Street is not an…