After slipping and falling on ice and snow which accumulated on her employer's driveway, Dorothy Spicer filed suit against Robert Ondek claiming his property was negligently maintained.
Once the Schenectady County Supreme Court dismissed her case, Spicer appealed to the Appellate Division, Third Department.
The AD3 reiterated that a party in "possession or control" of real property has a reasonable time after the start of a storm to remedy any ice and snow accumulations.
Because Ondek established a storm was in progress at the time of Spicer's fall, the burden shifted to her to show the accident wasn't caused by that weather.
Although a storm had started when she reported to work, Spicer claimed there had been a thick snow and ice-coating the day prior to her fall.
Since there were unresolved issues as to whether a pre-existing condition caused her injury, and whether Ondek had sufficient notice of the dangerous situation to take the appropriate action, the AD3 reinstated the litigation.
Spicer likely relished that.
To view a copy of the Appellate Division's decision, please use this link: Spicer v. Estate of Robert Ondek