Graney v. Massachusetts District Commission (MDC)

Commonwealth of Massachusetts
Suffolk, SS.
Superior Court
Civil Action No. 1998-2397B

Michael Graney,

Plantiff

v.

Metropolitan District Commission and Executive Office Of Environmental Affairs,

Defendants

Second Amended Complaint Prayer For Injunctive Relief And Demand For Jury Trial

1. The plaintiff, Michael Graney, is an individual with a usual residence in Jamaica Plain, Massachusetts.
2. Defendants Metropolitan District Commission and Executive Office of Environmental Affairs are agencies or subdivisions of the Commonwealth of Massachusetts, and are the agencies or sub-divisions which are responsible for maintaining the bicycle facility that is part of the Southwest Corridor transportation facility for the Commonwealth of Massachusetts.
3. On or about June 17, 1996, plaintiff, Michael Graney was lawfully operating his bicycle along Southwest Corridor Bikepath near Minton Street. Suddenly and without warning, Mr. Graney, while on his bicycle, came upon a large pile of mulch negligently left by employees of the Metropolitan District Commission in the middle of an unlit section of the path.
4. Mr. Graney was using the bicycle path legally as it was intended to be used, as a transportation facility, when his bicycle slipped as it struck the pile of mulch and Mr. Graney tumbled over the handlebars of his bicycle, suffering severe physical injury to his arms and elbows from the fall he sustained after flying over the handle bars of his bicycle.
5. At the time of the incident Mr. Graney was going home. The time was approximately 9:20 pm It was dark and the area where the mulch was negligently left was unlit so that the pile of mulch was not readily visible to bicyclists like Mr. Graney, who were using the path for its intended use as a transportation corridor. There was no way for Mr. Graney to avoid the incident because he could not see the mulch that Metropolitan District Commission employees had negligently left in the middle of the bike path.
6. Moreover, several prior accidents as recently as within the prior day on the same pile of mulch put MDC on notice of defective, hazardous and dangerous conditions.
7. As a result of the negligent and/or reckless conduct of the defendants, plaintiff Graney was caused to be disabled and will continue to be disabled in the future, was caused to suffer great pain of body and mind and will continue to suffer such pain, was caused to incur and will continue to incur medical and hospital expenses, was caused to lose time and wages from his usual employment and was otherwise impaired in his ability to enjoy the regular activities of his life.
8. The defendant Metropolitan District Commission continues to leave piles of mulch, dirt, grass clippings and other hazardous obstructions in the middle of the bicycle path roadway lane of travel, continues to park its vehicles in the middle of the bicycle path roadway and allows other hazards that render the Southwest Corridor Bicycle Path unsafe and dangerous to all bicyclists who use the bicycle path, including the plaintiff.
9. The defendant does so, despite notice of the danger and repeated requests that it keep the bicycle path roadway free from obstruction and maintain the bicycle in a safe condition and despite its contractual and legal obligation to do so.
10. This behavior by the defendant Metropolitan District Commission represents a callous and reckless disregard for the safety of bicyclists, pedestrians and others who use and are entitled to use the Southwest Corridor bicycle path.

WHEREFORE, plaintiff demands

1. judgment in such amount that the court may deem just and proper, plus interest, costs, and attorney’s fees in such amount as that which the plaintiff may be entitled.
2. that this Court, after hearing, issue a preliminary injunction enjoining the defendant Metropolitan District Commission from allowing obstructions to block the lane of travel in any bicycle path it maintains, including but not limited to the Southwest Corridor Bicycle path and otherwise from permitting unsafe or hazardous conditions to exist on the Southwest Corridor Bicycle Path or any other bicycle path it maintains.
3. that this court upon final hearing issue a permanent injunction enjoining the defendant Metropolitan District Commission from allowing obstructions to block the lane of travel in any bicycle path it maintains, including but not limited to the Southwest Corridor Bicycle path and otherwise from permitting unsafe or hazardous conditions to exist on the Southwest Corridor Bicycle Path or any other bicycle path it maintains.
4. that this court award such other monetary or equitable relief as may be just, proper and appropriate.

PLAINTIFF DEMANDS A JURY AS TO ALL ISSUES.