Premises Liability

Published on: March 1, 2022

Court rejects New York State’s “storm in progress” defense. Tucker v. N.Y.C. Transp. Auth., 2020 N.Y. Slip Op. 30115 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In a personal injury case involving a plaintiff slipping and falling on subway stairs, the court considered whether the defendant, New York City Transit Authority (NYCTA), had a reasonable opportunity after the end of a snow storm to address the slippery condition, or whether NYCTA had actual or constructive notice of the hazardous condition.

Background

The events that led to the plaintiff’s injury happened on March 6, 2015 at 8:30am at the entrance of the subway station on the northwest corner of the 110th Street and Lenox Avenue. The night before it had snowed, and the stairs were covered in slush.

Published on: January 9, 2022

Appellate court denies summary judgement in a “storm in progress” case. Powell v. MLG Hillside Associates, L.P., 290 A.D.2d 345, 737 N.Y.S.2d 27 (N.Y. App. Div. 2002)

by Stephen Bilkis

On March 7, 1999 at 9:15am, the plaintiff slipped and fell in the snow in front of her apartment building, injuring her ankle. In the hours preceding her fall, there was a snow storm with about two inches of snow accumulating.

The plaintiff filed a personal injury lawsuit against her landlord based on premises liability. The defendant filed a summary judgement motion, arguing that at the time that the plaintiff fell, because the snow was still accumulating, they had no duty to clear the snow.

Storm in progress doctrine

Published on: January 9, 2022

Appellate court rejects New York State’s “storm in progress” defense. Scheuer v. State of New (2021 NY Slip Op 05906)

by Stephen Bilkis

In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied.

Background

On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin Miller on State Route 7 in Princetown, Schenectady County. There was snow and ice on the roads that day. As a result of the poor conditions, Miller lost control of the car. The car crossed over the center lane and crashed into a snowplow. Killenberger was seriously injured and Croote was killed.