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Fantasia's Fall on the Ice
February 19, 2010
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Fantasia Massey went to Newburgh, NY to visit her friend Michael Valerie on Sunday, March 11. The visit went well and Fantasia remained inside Mike's apartment without once venturing outside until 9:30 p.m. on Thursday, March 14, when she felt the need to visit a local convenience store. Mike drove Fantasia to the store. He parked his car on the street in front of the store. Fantasia got out of the car and, she says, slipped and fell on ice on the sidewalk in front of the store. She fractured her ankle. She filed suit against the owner of the convenience store. <a href="http://www.courts.state.ny.us/reporter/pdfs/2010/2010_30238.pdf">http://www.courts.state.ny.us/reporter/pdfs/2010/2010_30238.pdf</a>
The defendant moved for summary judgment, supporting its motion with an expert affidavit and data that showed that the temperature at the time of the accident was 57 degrees and that it had been as high as 73 degrees earlier that day. The expert who interpreted this arcane data opined that there could not have been any ice on the sidewalk during Fantasia's ill-fated trip outside the apartment.
The plaintiff countered with her own affidavit, swearing that there was, indeed, ice on the sidewalk. Mike swore to the same. They produced photographs of ice on the sidewalk that they said they took two hours after the fall.
The court in New York County denied the defendant's motion, finding a question of fact about the existence of ice.
Posted by Maju Varghese.