Ali v. City of Boston

The plaintiff was injured when he rode into a closed gate while bicycling on a bicycle path in Franklin Park from a store to his home. He commenced an action against the city alleging negligence in placing the gate across the path without lights or other warning. Subsequently, he was permitted to amend his complaint to allege that the city’s conduct was wilful, wanton or reckless. The city thereafter moved for summary judgment, asserting that (1) the plaintiff’s claim for ordinary negligence was barred by the provisions of G. L. c. 21, § 17C *440(the so-called “recreational use” statute)1; and…