Patterson v. Christ Church

6 N.E.3d 1099, 85 Mass. App. Ct. 157
CourtMassachusetts Appeals Court
DecidedApril 3, 2014
DocketNo. 13-P-354
StatusPublished
Cited by8 cases

This text of 6 N.E.3d 1099 (Patterson v. Christ Church) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patterson v. Christ Church, 6 N.E.3d 1099, 85 Mass. App. Ct. 157 (Mass. Ct. App. 2014).

Opinion

Meade, J.

The plaintiffs, Linda and Kenneth Patterson, appeal from the entry of summary judgment in favor of various defendants affiliated with Boston’s Old North Church (the church). The Pattersons brought suit after Linda was injured as a result of her falling inside the church. On appeal, the Pattersons claim the Superior Court judge erred in determining that the recreational use statute, G. L. c. 21, § 17C, barred liability on Linda’s negligence claims, and that Linda’s claims under the consumer protection act, G. L. c. 93A, were not viable.3 We affirm.

Background. 1. The accident. The material facts are not in dispute. In October, 2006, the Pattersons visited Old North Church, a historic landmark located in Boston’s North End. The Pattersons, who were in their sixties at the time, traveled to Boston as part of a sightseeing tour organized by a senior center near their home in Georgia. The couple paid the senior center $1,738 to participate in the trip, which also included stops at tourist destinations in Virginia, Connecticut, and New York.

Neither the Pattersons nor anyone in their sightseeing group were charged a fee to enter or tour the church. When the group was inside the sanctuary, a docent ushered the group to sit in the church’s pew boxes. At the entryway to each raised pew box was a hinged door and a single-step riser painted a shade of [159]*159red similar to the red carpet on the floor. The Pattersons were not warned to use caution or watch their step. As Linda attempted to enter a pew box, she tripped on the riser and fell on the pew bench. She sustained serious injuries that required surgery and rehabilitation, and incurred significant medical expenses that were not covered by her health insurance.

2. The church. The Old North Foundation of Boston, Inc. (foundation), is a nonprofit organization responsible for organizing tours and historical programs at the church. Over 500,000 tourists visit annually. Docents employed by the foundation answer questions and give free presentations to the public. The terms of the foundation’s operations at the church are detailed in a memorandum of understanding (MOU) signed by the foundation, Christ Church in the City of Boston (Christ Church),4 and the Episcopal Diocese of Massachusetts. In 2006, the MOU required the foundation, in addition to other responsibilities, to pay Christ Church $93,780 for the right to operate. The foundation raises revenue from its gift shop, from fees for specialized tours to exclusive areas of the church, and from other development efforts.

Standard of review. “In considering a motion for summary judgment, we view the evidence and draw all reasonable inferences in the light most favorable to the nonmoving party.” Premier Capital, LLC v. KMZ, Inc., 464 Mass. 467, 474-475 (2013). Our review is de nova, and we “must determine whether all material facts and questions of law are resolved.” Suffolk Constr. Co. v. Illinois Union Ins. Co., 80 Mass. App. Ct. 90, 93 (2011). Negligence cases are not frequently resolved by summary judgment, but “a judge may decide the issue as matter of law when no rational view of the evidence permits a finding of negligence,” Roderick v. Brandy Hill Co., 36 Mass. App. Ct. 948, 949 (1994); or as here, where the defendant offers a statutory exemption from liability as an affirmative defense. See Seich v. Canton, 426 Mass. 84 (1997); Ali v. Boston, 441 Mass. 233 (2004).

Discussion. 1. Negligence claims under the recreational use statute. The Pattersons contend that Linda’s accident occurred because, in the poorly lit church, she was unable to discern the [160]*160red riser from the red carpet. They allege that by maintaining the property in this defective condition, the defendants breached a duty of reasonable care owed to them.

The recreational use statute, G. L. c. 21, § 17C (the statute),5 grants an exemption from liability for ordinary negligence where a defendant has an interest in land, the plaintiff was injured when engaged in a recreational activity on that land, and the defendant did not “impos[e] a charge or fee” for the injured plaintiff’s use of the land. G. L. c. 21, § 17C. See Marcus v. Newton, 462 Mass. 148, 153-155 (2012). “[F]or purposes of landowner liability, while recreational users fall into the category of ‘lawful visitors’ under the common law, by statute they comprise a discrete subgroup of lawful visitors owed only the standard of care applicable to trespassers: that is, landowners must refrain from wilful, wanton, or reckless conduct as to their safety.” Ali v. Boston, 441 Mass, at 237.

The parameters of this appeal are as follows. The Pattersons do not dispute the judge’s determination that the defendants have an interest in the church sufficient to warrant protection under the statute.6 Also, the fact that the church anticipates and accommodates a high volume of tourism activity does not disqualify the Pattersons’ visit from being considered a “recre[161]*161ational use.” See Ali v. Boston, supra at 238. The act of visiting a tourist destination while on vacation passes the test of “whether the plaintiff is . . . engaged in an objectively recreational activity.” Ibid. Finally, on appeal the Pattersons have abandoned their claim that the defendants’ actions rose to the level of wilful, wanton, or reckless conduct for purposes of the statute. See Dunn v. Boston, 75 Mass. App. Ct. 556, 562 (2009). As a result, we are tasked with determining whether the defendants are excluded from the protections of the statute based on whether they “impose[d] a charge or fee” under the statute. See G. L. c. 21, § 17C.

Despite the fact that the Pattersons entered and toured the church free of charge, they claim that the defendants imposed a “charge or fee” because the foundation generates revenue and pays Christ Church an annual fee. In support of this assertion, the Pattersons rely on Marcus v. Newton, 462 Mass, at 155-156, and argue that a defendant who reaps an economic benefit from property utilized by the public free of charge is barred from relief under the recreational use statute. We disagree.

In Marcus, the Supreme Judicial Court held that when determining a defendant’s exemption from negligence liability under the recreational use statute, “the issue is whether the landowner charges a fee for the particular use to which the plaintiff puts the land.” Id. at 154-155. The injured plaintiff in Marcus paid eighty dollars to join a private softball league, and the league then paid the city of Newton $1,200 for a permit for use of a playing field. Id. at 149. The court concluded that the city was not, as a matter of law, shielded from liability because under these “circumstances, Marcus was not participating in a recreational use of the city’s property free of charge.” Id. at 155. Moreover, the court distinguished Seich v. Canton, 426 Mass. 84 (1997), and Whooley v. Commonwealth, 57 Mass. App. Ct. 909 (2003), by noting that the injured plaintiffs in those cases did not pay a fee for their recreational use of the defendants’ property, i.e., watching a child participate in youth athletics. Marcus v. Newton, supra at 155. The fact that the children in Seich and Whooley

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Bluebook (online)
6 N.E.3d 1099, 85 Mass. App. Ct. 157, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patterson-v-christ-church-massappct-2014.