Olsen v. Town of Richfield

Casey, J. (concurring in part and dissenting in part).

The majority concludes that the presence of pedestrians on the bridge was entirely foreseeable and that defendant County of Otsego owed a duty of care to such users. Plaintiff, however, was not a mere pedestrian on the bridge and he was not injured by a condition which posed any danger to pedestrians. Plaintiff was injured when he dove from the bridge into shallow water and there is no evidence in the record that the County had any knowledge that people dove from the bridge. In Zmieske v State of New York (180 AD2d 894, 895), this court…