Claim of Daly v. Opportunities for Broome, Inc.

Greenblott, J. (concurring).

I concur in the result but wish to explain my views on the applicability of the presumption under section 21. In my opinion the presumption under section 21 is meant to be employed where a fall is unwitnessed or where, though witnessed, the witness is unable to offer evidence as to what may or may not have caused the fall. Here the witness Sullivan, who was standing four feet from the claimant, testified that she heard claimant make a sound and "when I looked up when she made that sound, she was standing and the next thing I know she was going down. That was it.”…