Quote:
Originally Posted by TMI Guy
How do you get from the article that the kid was being an idiot/irresponsible? I don't know if he was or not, but nothing in the article implies that he was. What we know from the article is that he was swimming at a popular town-owned swimming hole and someone using a rope swing there struck him.
|
Nicely said.
Also noteworthy from the article:
"The swing was recognized as a hazard by at least one selectman in 2012, the suit said, and a resident brought it to the board’s attention at meetings in 2012, 2013 and 2015."
As Tilton BB pointed out....
To be entitled to discretionary function immunity, a municipality must show that the alleged act or omission complained of constitutes the exercise of an executive or planning function involving the making of a based public policy decision which is characterized by the exercise of a high degree of official judgment or discretion.