Dawn Dennis filed suit after her daughter was hit by Robert Vansteinburg's car. (The child was attempting to cross a two-lane road to reach a park.)
Dawn claimed the Village of Ilion didn't maintain that roadway in reasonably safe condition because it failed to reduce the speed limit, install a crosswalk, or, warn drivers of the presence of children-at-play.
After the Herkimer County Supreme Court dismissed the case brought against the Village, Dawn appealed to the Appellate Division, Fourth Department.
Since Vansteinburg was familiar with the area and knew that kids traversed the roadway, the AD4 was of the view the Village couldn't be held responsible for the injuries Dawn's daughter sustained.
Will Dawn break?
To view a copy of the Appellate Division's decision, please use this link: Dennis v. Vansteinburg