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Court Affirms Summary Judgment Based on a Trivial Defect

March 2, 2009

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In <i>Trumboli v. Fifth Avenue Paving</i>, the plaintiff tripped and fell because of a depression in the defendants’ parking lot. The court considered all of the facts and circumstances of this case, including photographs of the “dip,” and concluded that the depression did not have characteristics of a trap or snare and was therefore trivial and not actionable as a matter of law. Although this issue is typically a question of fact for a jury to determine, the court here took note that the plaintiff testified that she could not judge whether or not the depression was deep.
Thanks to Bill Kirrane for his contribution on this submission.
<a href="http://www.nycourts.gov/reporter/3dseries/2009/2009_01468.htm">http://www.nycourts.gov/reporter/3dseries/2009/2009_01468.htm</a>

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