Monthly Archives: November 2022

This was originally published on the SGR Blog.

Were County/Park Commissioners Protected from Liability by Law?

Madelyn Langford and Peter D. Kaufman sued for their injuries sustained after a tree branch fell on them while on a trail in Kennedy Dells Park located in New City, New York. The Park is owned by the County of Rockland and operated by the County of Rockland Park Commission. The County and the Commission moved for summary judgment dismissing the complaint based on the arguments that movants: (1) were immune from liability of negligence pursuant to General Obligations Law § 9-103; (2) lacked actual or constructive notice as to the existence of a dangerous condition involving the tree; and (3) there was no evidence of proximate cause because the hikers’ injuries were caused by a naturally occurring condition, the danger of which was open and obvious and assumed by them.

In support of their motion, the County and the Commission alleged that they were entitled to immunity under GOL § 9-103 as a matter of law because the two elements for applicability were satisfied. Specifically, they alleged that the Langford/Kaufman engaged in a requisite recreational activity and that the Park was suitable for that activity, hiking. In opposition, Langford/Kaufman alleged that the motion for summary judgment could not be granted based on immunity because there were issues of material fact regarding whether the County assumed a duty to act reasonably in the operation and maintenance of a supervised public park and recreational facility. In reply, the County and the Commission alleged that the applicability of the statute was a question of law for the Court to determine and that whether the Park was supervised was irrelevant to the applicability of the statute.

This was originally published on the SGR Blog.

Was County Liable to Injured Prisoner?

Henry Concepcion-Ramos, an inmate, sued the County of Westchester alleging negligence for injuries purportedly sustained when he became embroiled in an altercation with another inmate at the Westchester County Jail.

The day prior to the assault, at approximately 10:00 p.m., Ramos was pushed and thrown to the floor by an inmate named Mercedes. At his deposition, Ramos testified that all the inmates within the dormitory area witnessed the altercation.

This was originally published on the SGR Blog.

Was Stable Operator Liable for Injury?

Maritza Donohue sued Netherwood Acres, LLC for negligence arising out of a horseback riding incident. The complaint alleged that Donohue was riding on a trail ride, when she was “caused to be thrown from the horse and fall to the ground by reason of the negligence of [Netherwood] thereby sustaining severe and serious personal injuries.”

Donohue alleged that Netherwood failed to properly train the horse, provide her with the appropriate saddle, or properly match a horse with its rider. She alleged that she expressed warnings to Netherwood’s employees about the horse’s actions, and claimed that she was negligently allowed to mount the horse “despite prior notice of the dangerous and ‘misbehaving’ nature of the horse.”