Bizzoco v. County of Westchester

The plaintiff was injured when she fell while descending a staircase in a park owned by the defendant City of Rye. The plaintiff commenced this action to recover damages for personal *1032injuries and, at trial, she argued that the City’s negligent failure to install a handrail on the staircase caused the accident. A jury returned a verdict in which it found that the City was negligent, but that its negligence was not a substantial factor in causing the plaintiffs accident.

Contrary to the plaintiffs contention, the evidence adduced at trial did not warrant instructing , the jury under PJI 2:71 as…