ROGERS v. METROPOLITAN DISTRICT COMMISSION


18 Mass. App. Ct. 337 (1984)

465 N.E.2d 280

GAIL ROGERS vs. METROPOLITAN DISTRICT COMMISSION.

Appeals Court of Massachusetts, Middlesex.

June 29, 1984.


Attorney(s) appearing for the Case

Vincent L. DiCianni, Assistant Attorney General, for the defendant.

Eugene F. Grant for the plaintiff.

Philip M. Weinberg, for Sue Ann Roberts, amicus curiae, submitted a brief.

Present: GREANEY, C.J., ROSE, & KASS, JJ.


KASS, J.

In her complaint, the plaintiff alleges that she fell and was hurt because of a defect in a sidewalk maintained by the Metropolitan District Commission (MDC) along Revere Beach Parkway. The MDC moved for judgment on the pleadings (Mass.R.Civ.P. 12[c], 365 Mass. 756 [1974]), on the ground that G.L.c. 92, § 36, immunizes the Commonwealth from liability for injury sustained upon a sidewalk under the jurisdiction...

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