Dunn v. City of Boston

The plaintiff, injured while walking on the stairs at Boston’s City Hall Plaza (plaza), filed an action under the Massachusetts Tort Claims Act, G. L. c. 258, and G. L. c. 84, § 15, alleging the city of Boston (city) was negligent in failing to *557repair the stairs upon which she fell. The city’s subsequent motion for summary judgment was granted, as the Superior Court judge concluded that G. L. c. 21, § 17C,2 (hereafter referred to as the “recreational use statute” or simply “the statute”), operated to immunize the city from the plaintiff’s negligence claim. The plaintiff now appeals, claiming…