McCormick v. Mass. Bay Transp. Auth.

The plaintiff sued the Massachusetts Bay Transportation Authority (MBTA) for negligence after sustaining injuries in a fall at the MBTA's Babcock Street station. A Superior Court judge ordered summary judgment for the MBTA, reasoning that the platform where the injury occurred was a "way" within the meaning of G. L. c. 84, § 15, and that the plaintiff had not served the MBTA with notice of his injuries within thirty days as required by G. L. c. 84, § 18. On appeal, the plaintiff assigns error to the judge's conclusion that the platform is a way. We affirm.

Background. We summarize the…