Giovanni Ragusa was delivering a load of Poland Spring Water -- a bunch of those heavy six-gallon bottles -- to the Vivian Beaumont Theater (VBT) when the dolly he was using tipped, causing the bottles to strike and injure him.
In a lawsuit filed against Lincoln Center for the Performing Arts, VBT, and the Center's architect, Ragusa's attorneys claimed that the walkway/sidewalk was "defectively designed," "negligently constructed," and, had a slope that was steeper than permitted by the New York City Building Code.
Believing there were issues of fact which required a formal hearing or trial, the New York County Supreme Court denied defendants' motion to dismiss the case. On appeal, the Appellate Division, First Department, reversed.
According to the AD1, the parties' evidence reinforced that the sidewalk's pitch complied with local building codes and that the walkway's design was consistent with "good and accepted engineering practice."
Since defendants secured the required permits, and constructed the sidewalk in accordance with local law, Ragusa's case immediately went dark.
The fat lady is singing, folks.
For a copy of the Appellate Division's decision, please use this link: Ragusa v. Lincoln Center for the Performing Arts, Inc.