FISK v. CITY OF NEW YORK

1512, 110879/03.

74 A.D.3d 658 (2010)

905 N.Y.S.2d 156

DONNA S. FISK et al., Respondents, v. CITY OF NEW YORK, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 24, 2010.


Donna Fisk was injured on City property when she fell while attempting to negotiate her way around a forklift that was blocking egress from the temporary office where she volunteered her services. She decided to climb over the forks that extended across the pathway approximately four inches above the ground even though her mobility was significantly limited by the effects of childhood polio on her right leg.

The jury returned a verdict finding the City negligent,...

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