The Town of Amherst and Peter and Susan Muffoletto were sued after Robin Custodi incurred an injury attributed to a two-inch height differential where the Muffolettos's driveway met the curb.
When the Erie County Supreme Court dismissed her case, Custodi appealed.
Although Custodi was rollerblading at the time of her fall, the Appellate Division, Fourth Department, didn't think the "assumption of risk doctrine" applied and also rejected the notion that there was no liability because of the "open and obvious" nature of the condition.
Since it was unclear whether the height differential caused the accident, the AD4 reinstated the case.
Was there no curbing that?
To view a copy of the Appellate Division's decision, please use this link: Custodi v. Town of Amherst