Sandler v. Commonwealth

Rule of Law:

For a governmental entity's failure to act to constitute wanton or reckless conduct, there must be an intentional or unreasonable disregard of a risk that presents a high degree of probability that substantial harm, such as death or grave bodily injury, will result to another.

Facts:

• The Dr. Paul Dudley White Bikeway, including a tunnel under the Eliot Bridge in Cambridge, was controlled by the Commonwealth through the Metropolitan District Commission (MDC).
• On October 29, 1987, Daniel Sandler was riding his bicycle on the bikeway and attempted to pass through the tunnel.
• The tunnel was unlit, and an eight-inch wide, twelve-inch long, eight-inch deep drain in the path was uncovered.
• Sandler's bicycle fell into the uncovered drain, causing him to crash and sustain injuries.
• The MDC knew that the lights in the tunnel were chronically inoperative due to vandalism.
• The MDC was also aware that the unattached drain covers in the tunnel were frequently stolen by vandals, leaving the drains exposed and creating a danger.
• The MDC had no regular policy for bikeway inspection, did not keep records of drain cover replacements, and did not have replacement covers readily available despite knowing they were often stolen.

Procedural Posture:

• Daniel Sandler sued the Commonwealth in a Massachusetts trial court for personal injuries.
• The case was tried before a jury, which returned a verdict in favor of Sandler.
• The trial court entered a judgment for Sandler based on the jury's verdict.
• The Commonwealth's motions for a directed verdict and for judgment notwithstanding the verdict were denied.
• The Commonwealth, as appellant, appealed the judgment.
• The Supreme Judicial Court of Massachusetts, the state's highest court, transferred the appeal from the intermediate appellate court on its own initiative.