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Where a plaintiff was injured while attending an art reception at the defendant Lynn Museum & Historical Society, the conduct alleged does not rise to the level of recklessness, so the complaint must be dismissed.
“… As Plaintiff was walking up three concrete stairs to enter the building, she reached for the stair railing with her left hand. The railing was not secured at the bottom and came loose from the concrete, causing Plaintiff to fall backwards and fracture her wrist. …
“… As a preliminary matter, the parties agree that Plaintiff is barred from proceeding on a claim of negligence by the Recreational Use Statute, G.L.c. 21 §17C.
“… Here, even accepting all the factual allegations of the Second Amended Complaint as true, and drawing all reasonable inferences in the Plaintiffs’ favor, the conduct alleged does not rise to the level of recklessness and thus the Motion to Dismiss must be allowed.”
Day v. Lynn Historical Society, Inc., et al. (Lawyers Weekly No. 12-038-24) (4 pages) (Rooney, J.) (Middlesex Superior Court) (Civil Action No. 2381CV03094) (Aug. 20, 2024).
Click here to read the full text of the opinion.
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