Massachusetts Appeals Court October 31, 2017, 17–P–268 (Graham v. City of Worcester)

The city of Worcester appeals, under the doctrine of present execution,4 from the denial of its motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974).5 The city raises two primary issues on appeal: (1) the plaintiffs' exclusive remedy for injury due to defects on a public way is G. L. c.