In Trenca v. Culeton , Paulette Trenca was walking her dog around her property's backyard when she unexpectedly ended up at the bottom of a trench.
At the time, an adjoining site was undergoing construction and its foundation walls had yet to be backfilled, leaving a trench around the property's perimeter.
Trenca later filed suit against her neighbor, Robert Culeton (and others) for injuries she sustained.
When the Oswego County Supreme Court granted the defendant's' request to dismiss the case, Trenca appealed to the Appellate Division, Fourth Department, which found Culeton breached a duty to keep his property reasonably safe.
The AD4 thought Culeton knew of the dangers and that his co-defendants failed to show they hadn't created the condition.
Trenca's inability to recall how she fell in the trench wasn't relevant, particularly in view of the defendants' inability to show they weren't negligent.
That was a hole in one for Trenca!
To download a copy of the Appellate Division's decision, please use this link: Trenca v. Culeton