Posts tagged "1100816"

Amaral v. Seekonk Grand Prix Corp. (Lawyers Weekly No. 11-008-16)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   13-P-1848                                       Appeals Court   SUSAN M. AMARAL  vs.  SEEKONK GRAND PRIX CORP. No. 13-P-1848. Bristol.     October 6, 2014. – January 14, 2016.   Present:  Cypher, Grainger, & Maldonado, JJ.     Negligence, One owning or controlling real estate.       Civil action commenced in the Superior Court Department on May 2, 2012.   The case was heard by Richard T. Moses, J., on a motion for summary judgment.     Melody A. Alger for plaintiff. Jacqueline L. Allen for the defendant.     MALDONADO, J.  The Massachusetts recreational use statute[1]  provides that those who make their land available to the public for “recreational . . . purposes without imposing a charge or fee therefor, . . . shall not be liable for personal injuries . . . sustained by such members of the public . . . in the absence of wilful, wanton, or reckless conduct by [the landowner].”  G. L. c. 21, § 17C(a), as appearing in St. 1998, c. 268.  In this case, we are asked whether the statute bars a claim of negligence asserted by a mother (the plaintiff) who was injured by an errant “go-cart” while watching her sons drive go-carts at the defendant’s recreational facility.  The facility does not charge an admission onto the grounds but sells tickets for its rides, and the plaintiff had purchased tickets for use by her sons.  We conclude that the statute does not bar relief for injuries caused by negligence in these circumstances. Background.  Seekonk Grand Prix Corp.[2] (Grand Prix) is a Massachusetts corporation that operates a commercial recreational facility offering, among other activities, go-cart races.  Grand Prix charges a fee for the go-carts, miniature golf, bumper cars, and other similar activities.  It does not charge a fee to watch these activities, nor does it charge a fee to enter the facility. On May 25, 2009, the plaintiff took her two sons, ages eleven and thirteen years of age, to Grand Prix’s facility.  She purchased six tickets for her sons’ use.  At the time of the injury, she was standing behind a chain link fence as she watched her sons drive the go-carts.  After the other drivers had returned to the station, a go-cart driven by a young girl went through the fence and struck the plaintiff, causing a number of injuries, including a pulmonary embolism that resulted from a blood clot in her left leg. The plaintiff filed a negligence action […]

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Posted by Massachusetts Legal Resources - January 14, 2016 at 8:26 pm

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