Marcus v. City of Newton

This is a G.L.c. 84, §15 action to recover for personal injuries sustained by the plaintiff in a fall allegedly caused by a defect or lack of repair in a municipal sidewalk. Summary judgment was entered for the defendant, City of Newton (the “City”), and the plaintiff has appealed pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C.

The pleadings, affidavits, answers to interrogatories and other Mass. R. Civ. P., Rule 56, materials in the record before us indicate the following: On September 19, 1996, while walking on a sidewalk on Langley Road, a public way in Newton, the defendant tripped and…