GREGORY v. TOWN OF OAK BLUFFS


1996 Mass. App. Div. 44 (1996)

Donald Gregory, and others v. Town of Oak Bluffs

Massachusetts Appellate Division, Southern District.

March 11, 1996.


Attorney(s) appearing for the Case

Steven S. DeYoung for the plaintiffs.

Richard J. Poliferno for the defendant.

Present: Martin, P.J., Hurley & Rivard-Rapoza, JJ.


Martin, P.J.

This matter comes to the Appellate Division concerning the Trial Court's application of M.G.L.A.c. 258, §10J to the facts of the case. The judge in the Trial Court ruled that the plaintiffs' action was governed by M.G.L.A.c. 258, §10J and granted the defendant's motion to dismiss. We affirm and find no error or abuse of discretion on the part of the trial justice.

The facts of the matter indicate that the minor plaintiff was running...

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