Court of Appeals - Slip and Fall: Sherman v. New York State Thruway Authority

Daily Record Staff//May 23, 2016//

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New York State Court of Appeals

Slip and Fall

Storm in Progress Doctrine

Sherman v. New York State Thruway Authority

No.56

Memorandum

Background: The claimant commenced an action after a slip and fall outside a trooper barracks located on property owned and maintained by the defendant. The appellate division granted summary judgment to the defendant on the grounds of the storm in progress doctrine.

Ruling: The Court of Appeals affirmed. The court noted that the claimant admitted at his deposition that “an ice storm: had taken place the night before the accident and an intermittent wintry mix of snow, sleet and rain persisted the next morning when the claimant arrived at the barracks for work. The undisputed fact that precipitation was falling at the time of the accident and had done so for a substantial time prior, while temperatures remained near freezing, established that the storm was still in progress.

Norman M. Block for the appellant; Andrew Zajax for the respondent