OLSEN v. CITY OF SCHENECTADY


214 A.D.2d 869 (1995)

625 N.Y.S.2d 350

Elizabeth Olsen, Formerly Known as Elizabeth Terry, Respondent, v. City of Schenectady, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 20, 1995


Cardona, P. J.

On August 12, 1984, plaintiff, an 11-year-old child, sustained injuries when she struck her head on a drainage gutter while diving at a swimming pool owned and operated by defendant. The injuries consisted of a four-centimeter laceration to her forehead just above the nose, resulting in a permanent finescar line in the shape of a "Y" and intermittent headaches. Plaintiff's personal injury action was bifurcated and liability was tried before...

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