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WHAT A DITCH!

basketball_photo_nyreblog_com_.jpgKevin Zelie was playing basketball in a park owned by the Town of Van Buren when he fell in a drainage ditch situated several feet away from the play-area's boundary.

After a negligence case was filed, Van Buren asked for dismissal because the condition was readily apparent, and that falling into the abyss was an "inherent risk" of playing on the court.

After Onondaga County Supreme Court denied that request, Van Buren appealed to the Appellate Division, Fourth Department, which agreed that--based on the papers presented--the Town had failed to prove it was free of liability in this case.

Not only was Kevin unaware of the ditch's existence, but photographs didn't "conclusively establish" that the condition was "open and obvious."

Was there no ditching that?

basketball_hoop_gif_nyreblog_com_.GIFTo view a copy of the Appellate Division's decision, please use this link: Zelie v. Town of Van Buren

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