Free Newsletter
Fourth Department – Premises Liability: Gilbert v. Tonawanda City School District
Daily Record Staff//January 14, 2015//
Appellate Division, Fourth Department – Premises Liability – Snow Hazard – Duty During Storm
Gilbert v. Tonawanda City School District
CA 14-01026
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced an action after she slipped and fell on a snowy and icy stairway located on the defendants’ premises. The defendant appealed from the denial of its motion for summary judgment. The defendant argued that they had no duty to correct the hazardous condition because a storm was in progress at the time of the accident.
Ruling: The Appellate Division reversed. The court found that the accident occurred shortly before noon. The defendant submitted meteorological evidence demonstrating that there was an ongoing storm that lasted through that afternoon. Moreover, two school employees testified that at the time of the accident, there was a storm occurring.
Jody E. Briandi of Hurwitz & Fine for the defendants-appellants; John A. Collins of Lipsitz Green Scime Cambria for the plaintiffs-respondents
Related Articles
Case Digests
- Second Circuit – Nonconsensual ingestion: Asinga v. Gatorade Co.
- Fourth Department – Drive-by shooting: People v. Bordies
- Fourth Department – Trusts wills and estates: Matter of the Estate of William J. Deline Jr.
- Fourth Department – Separation of powers doctrine: Allard v. County of Steuben
- Second Circuit – Foreign Sovereign Immunities Act: Creditincome Limited v. The Swiss Confederation
- Fourth Department – Circumstantial evidence charge: People v. Coleman
- Second Circuit – Sentencing conditions: United States v. McCrone
- Fourth Department – Mental illness: People v. Williams
- Fourth Department – Sex Offender Registration Act: People v. Wallace
- Second Circuit – Failure to accommodate religion: Bergin v. N.Y. Unified Court System
- Second Circuit – Sentencing: United States v. DeJesus
Law News
- Fourth Department suspends attorney for two years
- Appeals court rejects claims of speedy trial violation
- NY appeals court vacates gun convictions
- Rochester panel highlights early planning for successful business transitions
- New York sues Kalshi, says its prediction markets are illegal gambling
- Police investigate alleged misappropriation of Walworth Fire Department funds
- New trial granted for defendant unhappy with their attorney
- NY appellate court reinstates medical malpractice case