Fourth Department — Slip and Fall: Costanzo v. The Woman’s Christian Assoc. of Jamestown, et al.

Appellate Division, Fourth Department

Slip and Fall

Actual and Constructive Notice

Costanzo v. The Woman’s Christian Assoc. of Jamestown, et al.
CA 11-01450
Appealed from Supreme Court, Chautauqua County

Background: The plaintiff sought damages for injuries he sustained when he slipped and fell on clear liquid on a stairway in the defendant’s hospital. The defendants had moved to dismiss the complaint arguing that they did not have actual or constructive notice of the dangerous condition.

Ruling: The Appellate Division reversed and dismissed the complaint. The defendants had submitted evidence that the stairway was used by both hospital employees and the public alike. Therefore any conclusion that the spill was caused by a hospital employee would be speculation. Moreover, deposition testimony of a number of hospital staff established that no one had actual notice of the condition. Finally, the deposition testimony of the plaintiff established that, on his assent up the stairs five to 10 minutes prior, he saw no liquid on the stairs. Therefore, the defendants had met their burden on the issue of constructive notice.

Frank C. Callocchia of Damon Morey LLP for defendants-appellants; Cornelius J. Lang for the plaintiff-respondent