Fourth Department — Slip and Fall: Ferguson v. Rochester City School District

Appellate Division, Fourth Department

Slip and Fall

Sufficiency of Proof

Ferguson v. Rochester City School District
CA 12-00529
Appealed from Supreme Court, Monroe County

Background: The plaintiff commenced an action seeking damages for injuries she sustained when she slipped and fell on a snow- and ice-covered walkway. After trial, the jury found the defendant not negligent. The plaintiff appealed her post-trial motion to set aside the verdict.

Ruling: The Appellate Division reversed and granted a new trial. The evidence presented at trial established that the compacted snow and ice remaining on the walkway constituted a dangerous condition and that the defendant had notice of the same. The Appellate Division further found that the defendant’s efforts to ameliorate the dangerous condition were not reasonable under the circumstances, as the head custodian had testified that the custodial staff do not remove ice, but spread salt on the areas. Finally, a meteorologist testified that the light snow fall just prior to the accident could not have created the compact snow and ice on the walkway.

David S. Stern of Elliot, Stern & Calabrese for the plaintiff-appellant; Michael E. Davis for the defendant-respondent