Tuttle v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed with costs. Memorandum: Defendant appeals from a judgment apportioning 90% liability to defendant for injuries sustained by claimant Eleanor Tuttle when she tripped over a tree stump on a paved pathway while camping in a State park. We reject the contention of defendant that it owed no duty to claimants. “The State, as a landowner, has a duty to exercise reasonable care in the maintenance and control of its parks to prevent injury to foreseeable users of its facilities” (O’Keeffe v State of New York, 140 AD2d 998, 998-999, appeal dismissed 73 NY2d 756). “The…
2Cases cited4 opinions
- Loughran v. City of New YorkNew York Court of Appeals · 1948
- O'Keeffe v. StateAppellate Division of the Supreme Court of the State of New York · 1988
- Nichols v. StateAppellate Division of the Supreme Court of the State of New York · 1955
- Saila v. StateAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by1 opinion
- Grgich v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003