Bonesteel v. Saint Vincent's Hospital Manhattan

NEW YORK COUNTY
Torts

New York Law Journal

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Justice Saliann Scarpulla

St. Vincent's Hospital moved for summary judgment dismissal of Bonesteel's action to recover damages for personal injuries from a trip and fall on a wet floor. Bonesteel testified she was walking on the way to the chapel and slipped on water, falling and sustaining injuries. She claimed she was laying "in a pool of water" as she was laying on the floor waiting for help. Father O'Connell came to assist Bonesteel, and testified that he reported a leak to a hospital worker that morning. St. Vincent's argued it was not liable for Bonesteel's injuries as it did not have actual or constructive notice of the allegedly dangerous condition. The court ruled St. Vincent failed to establish the absence of notice, stating O'Connell's testimony that he notified a worker in the hallway about the water on the floor raised a question of fact as to actual notice. A factual question also existed about St. Vincent's constructive notice, including the source of the water, if it came from a leak that was unremedied or a building defect where the water was cleaned and reoccurred from a leaking condition. The court stated Bonesteel's testimony constituted evidence from someone with personal knowledge of facts, and could not be dismissed as mere speculation regarding causation. It denied St. Vincent's motion.

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