The notion that everyone is entitled to their day in court is a linchpin of our American legal system. However, a recent decision issued by the Appellate Division, Second Department, proves that not all claims are created equal.
In Hawkins v. Carter Community Housing Development Fund Corp ., Bernice Hawkins was injured when she tripped and fell on a sidewalk adjacent to the defendant's property. Photographs, provided and authenticated by Hawkins, showed a gap between two sidewalk slabs, which measured a meager one-inch wide by one-inch deep. (The remainder of the sidewalk was well maintained, with the accident occurring during the day and with no moisture on the surface.)
After the Queens County Supreme Court dismissed Hawkins's personal injury lawsuit, the Appellate Division, Second Department, affirmed the outcome. The AD2 considered "the width and depth of the defect, as well as the time, place and circumstances of the injury" and concluded that the gap did not "have any of the characteristics of a trap or snare, and was too trivial to be actionable."
Now, how petty is that?
For a copy of the Appellate Division's decision, please use this link: Hawkins v. Carter Community Housing Development Fund Corp .