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FORBUSH v. LYNN

No. 92-P-739.

35 Mass. App. Ct. 696 (1993)

625 N.E.2d 1370

THOMAS FORBUSH & another vs. CITY OF LYNN.

Appeals Court of Massachusetts, Essex.

January 4, 1994.

Attorney(s) appearing for the Case

Sharon D. Meyers for the plaintiffs.

George S. Markopoulos, Assistant City Solicitor, for the defendant.

Present: BROWN, KASS, & LAURENCE, JJ.

LAURENCE, J.

Should a municipality be immune from tort liability to a child who was seriously injured while playing on a public playground as a result of the municipality's wilful, wanton or reckless conduct? A Superior Court judge construed our statutes to require an affirmative answer to this question and granted summary judgment to the defendant municipality. We disagree with that conclusion and reverse.

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