Rodney v. Town of Brookhaven

The plaintiffs Santa Rodney and her husband Ronald Rodney commenced this action sounding in negligence based upon an incident in which Mrs. Rodney fell from a swing at the playground at Shirley Beach in Shirley, New York. Mrs. Rodney contended that the lifeguard, Dina Ruisi, who helped her at the lifeguard station following the accident, made statements to the effect that the defendant Town was aware of the broken swing. The defendant made a motion in limine to preclude the introduction into evidence of the statements as hearsay. That motion was granted and, following a nonjury trial, the…