Fourth Department – Slip and Fall: Shelters v. City of Dunkirk Housing Authority

Appellate Division, Fourth Department – Slip and Fall – Constructive Notice – Directed Verdict

Shelters v. City of Dunkirk Housing Authority

CA 14-00358

Appealed from Supreme Court, Chautauqua County

Background: The plaintiff commenced an action after she sustained injuries from a slip and fall due to ice on the defendant’s premises. The defendant moved for a directed verdict at the close of proof on the issue of notice. The defendant appeals from the denial of its motion.

Ruling: The Appellate Division affirmed. The court found that the defendant’s witnesses testified that residents entered and exited the premises at all hours of the day, and that residents could have visitors, including medical personnel, prior to 8 a.m. and after 4:30 p.m. The defendant’s maintenance staff did not provide any routine snow or ice removal after 4:30 p.m. or before 8 a.m. The record supported that snow and ice formed during an 8-to-12-hour time period prior to her fall.

Laurence D. Behr of Barth Sullivan Beher for the defendant-appellant; Eric M. Shelton of Campbell & Shelton for the plaintiff-respondent