ALBANY – The New York State Court of Appeals, the state’s highest court, has ruled in a slip and fall case that a state trooper may not sue the State Thruway Authority where his accident occurred.
Trooper Rodney Sherman maintained the Thruway Authority did not properly clear ice from the sidewalk at the barracks, resulting in his fall.
In a 4-3 decision on Thursday, the judges said the “storm in progress” doctrine protects landlords from being charged with negligence for injuries incurred. The court cited case law that “Although a landowner owes a duty of care to keep his or her property in a reasonably safe condition, he ‘will not be held liable in negligence for a plaintiff’s injuries sustained as the result of an icy condition occurring during an ongoing storm or for a reasonable time thereafter’.”
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