United States First Circuit
SCANLON v. DEPT. OF THE ARMY, CORPS OF ENGINEERS, 01-1817
Even if, as alleged, the Army failed to properly secure and maintain a manhole it created and covered with a galvanized cover and tamper-proof bolts, the Army's failure to properly secure the hole did not create that level of dangerousness that warrants liability under Massachusetts- recreational use statute. Mass. Gen. Laws, Ch. 12, Section 17C.
Appellate Information
- Decided 01/28/2002
- Published 01/28/2002
Judges
- ROSENN, Senior Circuit Judge., Before SELYA, Circuit Judge, ROSENN and CYR, Senior Circuit Judges.
Court
- United States First Circuit
Counsel
- For Appellant:
- Lester M. Gold for appellant.
- For Appellees:
- James B. Farmer with whom Cynthia W. Lie was on brief for appellees.