Sandler v. Commonwealth

Sandler (plaintiff) was injured falling off his bicycle in a tunnel on a bikeway maintained by the Commonwealth of Massachusetts (defendant) through its Metropolitan District Commission (MDC), after vandals had smashed the tunnel lights and removed a drain cover, leaving an uncovered drain Sandler couldn't see. Because a statute barred ordinary negligence claims against the MDC, Sandler had to prove recklessness; an MDC employee testified he couldn't recall the lights ever working properly and that drain covers weren't routinely replaced. The jury, instructed that the MDC could be liable only for willful, wanton, or reckless conduct, found for Sandler, and the Commonwealth's post-trial motions were denied.