Florence v. Goldberg

375 N.E.2d 763 (1978)

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Florence v. Goldberg

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

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Facts

Florence (plaintiff) accompanied her six-year-old son to school for two weeks. During those two weeks, Florence saw that the police department had stationed crossing guards at intersections near the school. After noticing this protection, Florence allowed her son to travel to school alone. On the day of Florence’s son's first unaccompanied trip, no crossing guard was present at the intersection near the school. A car struck the son in the unattended intersection, causing him severe injuries. Florence brought a negligence claim on behalf of her son 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

Issue

Holding and Reasoning (Jasen, J.)

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