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Florence v. Goldberg

Court of Appeals of New York
375 N.E.2d 763 (1978)


Facts

Florence (plaintiff), a six-year-old child, was accompanied to school by her mother for two weeks. During those two weeks, Florence’s mother saw that the police department had stationed crossing guards at intersections near the school. After noticing this protection, Florence’s mother allowed Florence to travel to school alone. On the day of Florence’s first unaccompanied trip, no crossing guard was present at the intersection near the school. A car struck Florence in the unattended intersection, causing her severe injuries. Florence and her mother brought a negligence claim against the city and the driver of the car (defendants). The jury returned a verdict in favor of Florence, which the appellate court affirmed.

Rule of Law

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Issue

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Holding and Reasoning (Jasen, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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