Wednesday, February 22, 2012

Sandler v. Commonwealth Case Brief

-P injured when he fell off bicycle attempting to pass through tunnel which is controlled by the government (city of Cambridge, MA).

-Was the D (government's) conduct in not maintaining the bikeway reckless or wanton?


-Reckless conduct = failure to act, if there is a duty to act, as well as affirmative conduct.
-Reckless failure to act involves an intentional or unreasonable disregard of a risk that presents a high degree of probability that substantial harm will result to another.

-Court here says that the D and employees were aware of risk of harm that was created by an unlit tunnel with missing drain covers.
-Here, however, the degree of risk is not the same as the standard that the court establishes for reckless.  This is more on the line with negligence.

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