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PLAINTIFF’S OF ________% LIABILITY Plaintiff tenant contends walkway on hillside property was cracked and uneven, resulting in runoff from melting snow to puddle and freeze – Inadequate lighting - Slip and fall – Liability only

Tomkins County, NY

The plaintiff, an engineering student at Cornell University, was renting off campus housing from defendant landlord, who owned 20 properties in the area, contended that the area was dangerous. The plaintiff maintained that the walkway to the front entrance of the property was cracked and uneven. The plaintiff contended that since the property was situated on a slope, runoff water and melting snow ran directly onto the walkway, allowing water to puddle and freeze.

The plaintiff maintained that the defendant’s system for snow and ice removal was to pay a person to shovel and salt when three inches of snow accumulated, and that this procedure was inadequate The plaintiff’s expert meteorologist testified that a period of four days of thaw re-freeze occurred before the fall, and that less than three inches had accumulated. The plaintiff contended that because of this factor, there was no salt, and the area became very slippery.

The incident occurred at midnight The plaintiff further contended that there was inadequate lighting as the front porch light could only be controlled from inside the first floor apartment and it was not on at the time of plaintiff’s fall.

The defendant denied that the area was dangerous and maintained that the cause of the incident was the negligent failure of the plaintiff to be more careful.The jury found that the defendant was ________ percent negligent. The defendant has filed a notice of appeal.

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