Anderson v. City of Springfield, 549 N.E.2d 1127 (Mass. 1990). · Go Syfert
Anderson v. City of Springfield, 549 N.E.2d 1127 (Mass. 1990). Cases Citing This Book View Copy Cite
47 citation events (20 in the last 25 years) across 6 distinct courts.
Strongest positive: Murray v. Town of Hudson (mass, 2015-08-03)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (rule) Murray v. Town of Hudson
Mass. · 2015 · confidence medium
L. c. 258, § 2, which expressly provides that government entities “shall be liable ... in the same manner and to the same extent as a private individual under like circumstances.” See Anderson v. Springfield, 406 Mass. 632, 634 (1990). 7 The recreational use statute, which also is called the public use statute, was enacted following the commission of a report by the Legislature, published in 1967, which found that “the general public was increasingly pursuing ‘participant forms’ of outdoor recreation (e.g., boating, camping, and hiking), creating a need for more land than was then a…
cited Cited as authority (rule) Fernandes v. City of Boston
Mass. Super. Ct. · 2015 · confidence medium
Dunn v. City of Boston, 75 Mass.App.Ct. 556, 557 (2009); Anderson v. Springfield, 406 Mass. 632, 634 (1990).
discussed Cited as authority (rule) Vilensky v. Town of Milford
Mass. Super. Ct. · 2012 · confidence medium
Under G.L.c. 21, §17C, owners of such properties, including municipal owners, are liable only for injuries or damage suffered by members of the public if these result from “wilful, wanton, or reckless conduct.” G.L.c. 21, §17C(a); Anderson v. Springfield, 406 Mass. 632, 634 (1990).
cited Cited as authority (rule) Marcus v. City of Newton
Mass. · 2012 · confidence medium
See Ali v. Boston, 441 Mass. 233 , 237 n.7 (2004); Anderson v. Springfield, 406 Mass. 632, 634 (1990). 2.
cited Cited as authority (rule) Silva v. Town of Falmouth
Mass. Super. Ct. · 2009 · confidence medium
Anderson v. Springfield, 406 Mass. 632, 634 (1990).
discussed Cited as authority (rule) Mills ex rel. Mills v. Town of Grafton
Mass. Super. Ct. · 2008 · confidence medium
(B) Whether reckless conduct may be based on a failure to maintain playground equipment The Massachusetts recreational use statute, G.L.c. 21, § 17(C) states, in part, Any person . . . who lawfully permits the public to use such land for recreational... purposes without charging a fee therefore, or who leases such land for said purposes to the commonwealth or any political subdivision thereof or to any nonprofit corporation, trust or association, shall not be liable for the personal injuries or property damage sustained by such members of the public ... in the absence of willful, wanton, or r…
cited Cited as authority (rule) Howes v. Gallen
Mass. Super. Ct. · 2005 · confidence medium
Seich v. Town of Canton, 426 Mass. 84 (1997); Anderson v. City of Springfield, 406 Mass. 632, 634 (1990).
cited Cited as authority (rule) Archer ex rel. Maureen G. v. Dare Family Services, Inc.
Mass. Super. Ct. · 2002 · confidence medium
Anderson v. City of Springfield, 406 Mass. 632, 634 (1990).
cited Cited as authority (rule) McCarthy v. Town of Hamilton
Mass. Super. Ct. · 2000 · confidence medium
Id., citing Anderson v. Springfield, 406 Mass. 632, 634 (1990).
cited Cited as authority (rule) Seich v. Town of Canton
Mass. · 1997 · confidence medium
See Molinaro v. Northbridge, 419 Mass. 278, 279 (1995); Anderson v. Springfield, 406 Mass. 632, 634 (1990).
cited Cited as authority (rule) Fournier v. Chichlowski
Mass. Super. Ct. · 1997 · confidence medium
Anderson v. Springfield, 406 Mass. 632, 634 (1990); Catanzarite v. Springfield, 32 Mass.App.Ct. 967, 968 (1992); Forbush v. Lynn, 35 Mass.App.Ct. 696, 697 (1994).
discussed Cited as authority (rule) Robitaille v. City of Attleboro (2×) also: Cited "see"
Mass. Super. Ct. · 1996 · confidence medium
The benefit of this protection from negligence claims has been extended to municipalities, Anderson v. Springfield, 406 Mass. 632, 634 (1990); Molinaro v. Northbridge, 419 Mass. 278, 279 (1995).
discussed Cited as authority (rule) Hughey v. Grand River Dam Authority (2×)
Okla. · 1995 · confidence medium
Anderson v. City of Springfield, 406 Mass. 632 , 549 N.E.2d 1127, 1128 (1990); Fastow v. Bur-leigh County Water Res.
cited Cited as authority (rule) Molinaro v. Town of Northbridge
Mass. · 1995 · confidence medium
The allowance of the motion to dismiss the plaintiffs’ negligence claims was correct. 3 In Anderson v. Springfield, 406 Mass. 632, 634 (1990), we held that under G.
cited Cited as authority (rule) Inferrera v. Town of Sudbury
Mass. App. Ct. · 1991 · confidence medium
Anderson v. Springfield, 406 Mass. 632, 634 (1990).
cited Cited "see" Cathy Kobler v. Commonwealth.
Mass. App. Ct. · 2025 · signal: see · confidence high
See Anderson v. Springfield, 406 Mass. 632, 634 (1990) (holding that recreational use statute applies to governmental entities).
cited Cited "see" Dunn v. City of Boston
Mass. App. Ct. · 2009 · signal: see · confidence high
See Anderson v. Springfield, 406 Mass. 632, 634 (1990).
discussed Cited "see" Crowley v. Town of Orange
Mass. Super. Ct. · 2008 · signal: see · confidence high
See Ali, 441 Mass. at 234 (plaintiff injured in public park owned by the city and open to the public free of charge), Catanzarite v. Springfield, 32 Mass.App.Ct. 967, 967 (1992) (plaintiff injured in free public park maintained by the city), Anderson v. Springfield, 406 Mass. 632, 633 (1989) (plaintiff injured on baseball diamond in free public park), Seich v. Canton, 426 Mass. 84 (1997) (Court rejected plaintiffs argument that the registration fee she paid to her daughter’s basketball league constituted an entiy fee, and instead found that the plaintiff, as a spectator, was permitted to ent…
cited Cited "see" Pelletier v. City of Methuen
Mass. Super. Ct. · 2004 · signal: see · confidence high
See Anderson v. City of Springfield, 406 Mass. 632, 634 (1990).
discussed Cited "see" Shu-Ra Ali v. City of Boston (2×)
Mass. · 2004 · signal: see · confidence high
See Anderson v. Springfield, 406 Mass. 632, 634 (1990) (government entities are protected by recreational use statute to same extent as private landowners).
cited Cited "see" Ali v. City of Boston
Mass. App. Ct. · 2003 · signal: see · confidence high
See Anderson v. Springfield, 406 Mass. 632, 633-634 (1990).
discussed Cited "see" Sharon v. City of Newton
Mass. · 2002 · signal: see · confidence high
See Anderson v. Springfield, 406 Mass. 632 (1990) (city not liable for injuries to softball player resulting from negligently caused defect in city-owned baseball field).
cited Cited "see" Hurley v. Berkshire Design Group
Mass. Super. Ct. · 1994 · signal: see · confidence high
G.L.c. 21, Sec. 17C; See Anderson v. City of Springfield, 406 Mass. 632 (1990).
Retrieving the full opinion text from the archive…
William Anderson & Others vs. City of Springfield
Massachusetts Supreme Judicial Court.
Feb 12, 1990.
549 N.E.2d 1127
Mary Anne Stamm for the plaintiffs., Patricia T. Martinelli, Assistant City Solicitor, for the defendant., Peter Antell & Robert A. Cohen, Assistant Corporation Counsels, for the city of Boston, amicus curiae, submitted a brief.
Liacos, Wilkins, Nolan, Lynch, Greaney.
Cited by 34 opinions  |  Published
Lynch, J.

The plaintiffs appeal from the entry of summary judgment in the Superior Court in favor of the defendant. We transferred the case to this court on our own motion, and affirm.

[*633] The plaintiffs’ action alleged that William Anderson was injured as a result of a defect in home plate on a softball diamond in a public park, and that the defendant’s negligence caused the defect. The other plaintiffs claim loss of consortium and mental anguish derived from the injuries sustained by William Anderson.

The city relies on the Commonwealth’s recreational use statute, G. L. c. 21, § 17C (1988 ed.), as an affirmative defense. General Laws c. 21, § 17C, provides:

“An owner of land who permits the public to use such land for recreational purposes without imposing a charge or fee therefor, or who leases his land for said purposes to the commonwealth or any political subdivision thereof shall not be liable to any member of the public who uses said land for the aforesaid purposes for injuries to person or property sustained by him while on said land in the absence of wilful, wanton or reckless conduct by such owner, nor shall such permission be deemed to confer upon any person so using said land the status of an invitee or licensee to whom any duty would be owed by said owner. The liability of an owner who imposes a charge or fee for the use of his land by the public for recreational purposes shall not be limited by any provision of this section.”

The motion judge noted that it was undisputed that the city was the owner of the field where the injury occurred, and that it permitted the public to use the field for recreational purposes without charging a fee. He ruled, therefore, that G. L. c. 21, § 17C, applied, and since no wilful, wanton, or reckless conduct was alleged, he granted the city’s motion for summary judgment.

On appeal, the plaintiffs contend that the Legislature did not intend to include the Commonwealth or any of its subdivisions within the meaning of the term “owner [s] of land” in G. L. c. 21, § 17C. In support of this contention, the plaintiffs point to the fact that G. L. c. 21, § 17C, was passed[*634] prior to the enactment of the Massachusetts Tort Claims Act, G. L. c. 258, and that Massachusetts governmental entities were therefore already largely immune from civil liability at the time when the statute was passed.

General Laws c. 21, § 17C, has not been interpreted in any previous decision of this court or the Appeals Court. The United States Court of Appeals for the First Circuit interpreted the statute in DiMella v. Gray Lines of Boston, Inc., 836 F.2d 718 (1st Cir. 1988), a case in which the plaintiff was injured while stepping off a bus in the Charlestown Navy Yard.

Even if we concede for the purposes of argument that some ambiguity exists in G. L. c. 21, § 17C, the Massachusetts Tort Claims Act resolves all doubt in favor of the city.

General Laws c. 258, § 2, provides that governmental entities are to be liable “in the same manner and to the same extent as a private individual under like circumstances.” We have said “actions brought under the [Massachusetts Tort Claims] Act are governed by the same principles that apply to actions involving private parties,” Dinsky v. Framingham, 386 Mass. 801, 804 (1982), and that governmental entities are put “on the same footing as private tort defendants.” Gallant v. Worcester, 383 Mass. 707, 714 (1981). The Massachusetts Tort Claims Act, therefore, in effect provides the city a statutory defense against the plaintiffs’ claim even if G. L. c. 21, § 17C, is unclear in this regard. See DiMella v. Gray Lines of Boston, Inc., supra at 720 (reaching same conclusion under Federal Tort Claims Act).

Judgment affirmed.