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ARTICLE ID 158335

$________ Municipal liability - Negligent maintenance of playground equipment - Minor plaintiff struck by falling piece of swing set - Fractured leg.

Essex County, MA

The plaintiff contended that the defendant city park negligently maintained playground equipment, resulting in injury to the minor plaintiff. The defendant argued that the city is immune to negligence claims.

The plaintiff, an approximately 12-year-old girl, was playing on a swing set at the defendant city park when a bar holding up the swing set came loose, fell and hit the plaintiff. The plaintiff argued that the condition of the playground, owned and operated by the defendant city, constituted grossly negligent maintenance of public property.

The plaintiff sustained a fractured leg. She was treated with a cast and several visits to her doctor. The plaintiff made a full recovery. She incurred medical expenses in the amount of $________ which were covered by insurance.

The defendant employed the recreational use immunity defense, wherein municipalities have immunity for government owned property provided to the public for recreational use. The parties settled the matter prior to pre-trial conference in the amount of $________.

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