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One Prior Incident is Insufficient to Establish Notice

May 8, 2009

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In the matter of <i>Egar v. Congregation Talmud Torah</i>, the court dismissed the case filed by the plaintiff who tripped over the temple's “eruv” wire. The “eruv” wires were strung 15 to 18 feet above ground, creating a symbolic walled courtyard. The court found that neither the congregation, who constructed the wire courtyard, nor St. John’s Episcopal Hospital, where the accident took place, had constructive notice of a recurrent dangerous condition, despite the fact that an eruv wire fell in a different location approximately one year prior to the plaintiff’s accident. The court focused its opinion on the principle that a single prior occurrence does not constitute a regularly recurring condition that the defendants would be aware of.
Thanks to Lora Gleicher for her contribution to this post.
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