Sandler v. Commonwealth

644 N.E.2d 641 (1995)

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Nature of the Case

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Facts

P was injured when he fell off his bicycle while attempting to pass through a tunnel under the Eliot Bridge in Cambridge. The tunnel is controlled by D through the Metropolitan District Commission. P could sue D for the injury, but only if he could show wanton or reckless conduct and not mere negligence. P's fall was caused by an uncovered, eight-inch-wide, twelve-inch long drain in the unlit tunnel. The drain, which was about eight inches deep, had had a cover, and the tunnel was designed to be lit, but vandals had removed the drain cover and had made the lights inoperative. D’s employee could not recall the last time the tunnel light worked, and that drain covers were not routinely replaced. P got the verdict, and D appealed.