MOORE v. TOWN OF BILLERICA

No. 12-P-1294.

83 Mass. App. Ct. 729 (2013)

CAROL MOORE v. TOWN OF BILLERICA.

Appeals Court of Massachusetts, Middlesex.

June 7, 2013.


Attorney(s) appearing for the Case

John J. Cloherty, III , for the defendant.

Sean T. Goguen ( George N. Panas with him) for the plaintiff.

Present: GRASSO, TRAINOR, & CARHART, JJ.


TRAINOR, J.

The defendant, the town of Billerica (town), appeals from the denial of its motion for summary judgment on this suit brought under the Massachusetts Tort Claims Act (MTCA). In its motion for summary judgment, the defendant argued that it is immune from suit under G. L. c. 258, § 10(b) and (j), as appearing in St. 1978, c. 512, § 15, and immune from liability under the recreational use statute, G. L. c. 21, § 17C(a),...

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