ALI v. CITY OF BOSTON

No. 01-P-997.

58 Mass. App. Ct. 439 (2003)

SHU-RA ALI v. CITY OF BOSTON.

Court of Appeals of Massachusetts, Suffolk.

June 30, 2003.


Attorney(s) appearing for the Case

Carol-Lynn M. Bear for the plaintiff.

Eve A. Piemonte Stacey, Assistant Corporation Counsel, for the defendant.

Present: CYPHER, KANTROWITZ, & COWIN, JJ.


COWIN, J.

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...

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