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Appeals court upholds summary‑judgment grant? Parties dispute whether overpass is attached to Charles River Reservation
Summary
In Kobler v. Commonwealth the plaintiff says the Gleeson overpass dumps onto a public sidewalk and is not part of the Charles River Reservation; the Commonwealth argues the overpass and land at its landing are reservation property covered by the recreational‑use immunity statute.
In Kobler v. Commonwealth (23p1276) the court considered whether the recreational‑use statute bars a negligence claim after a plaintiff was injured descending the Gleeson Overpass, which connects Soldier’s Field Road to the Charles River Reservation. Plaintiff’s counsel Michael Toposky argued the overpass “dumps out onto a sidewalk” that is part of the roadway, not the recreational area, and that the Commonwealth had not produced deed or plot evidence tying the sidewalk at the overpass landing to…
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