Mix v. Commonwealth

On March 15, 1984, the plaintiff fell and was injured on a public sidewalk on East Mountain Road in Westfield (city). East Mountain Road was laid out as a county road, and the city maintained its traveled vehicular surface. In 1975, the city constructed the sidewalk on which the plaintiff fell, after the Commonwealth had agreed to remove snow from the proposed sidewalk, which was constructed on land owned by the Commonwealth and occupied by the Western Massachusetts Hospital.

The plaintiff brought this action against the Commonwealth under G. L. c. 258 (1988 ed.), the Massachusetts Tort Claims…