SHOWER SLIPPERY WHEN WET
In Jackson v. State of New York, Derrick Jackson sued the State of New York after he was injured at the Woodbourne Correctional Facility in Sullivan County. (Jackson, a prisoner, slipped and fell while getting out of the shower.)
At trial, Jackson testified that he regularly "observed water on the floor of the shower area," though he never reported this condition to anyone.
While no shower mats were provided to reduce slippage, Jackson was wearing rubber slippers when he was injured and a squeegee was available if he had wished to mop up the water. (Of course, he failed to do so.)
When the Sullivan County Court of Claims dismissed Jackson's lawsuit, he appealed to the Appellate Division, Third Department.
The AD3 found the "condition of the shower in which [Jackson] fell [didn't] constitute an unreasonably dangerous condition."
Believe it or not, you can expect water in a shower area and the presence of a "reasonable" amount of water couldn't support a negligence finding. (It also didn't help Jackson's case that the correctional facility didn't have notice of the condition.)
No action for that Jackson!
To download a copy of the Appellate Division's decision, please use this link: Jackson v. State of New York
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Comments
He didn't want to bend over while squeegeeing.
Posted by: Gines Pasamonte | September 23, 2008 1:05 PM
Do you see why I luv GP?
The hole sexual innuendo thing, is so for me.
Its Gene Rayburnish -- Match-Gamish -- so Brett Somersish.
I want to BLANK you, luver!
Posted by: ALesbo | September 23, 2008 11:05 PM
Gene Rayburn and Bret Somers were the bomb!
Gene Rayburn had a show that used to be on Channel 5 after the 10:00 news on Sundays in the early 70s. It was called "Helluva Town." It was all about weird, local stuff like covering the first night women were allowed to drink at McSorleys, etc. It was great.
Bret Somers was married to Jack Klugman for over 50 years. They only lived together for about 20 of them. After separating, they never divorced in order that each would never make the mistake of getting married again. Bret died about a year ago and Jack Klugman only remarried recently.
Posted by: Gines Pasamonte | September 24, 2008 10:48 AM