Lidia Chimilio-Ramos sued a building owner after she injured herself falling through an open sidewalk vault.
When the Bronx County Supreme Court dismissed her case -- because she couldn't establish what caused her fall -- Lidia appealed to the Appellate Division, First Department.
Although she couldn't remember what had happened, the AD1 thought there was sufficient evidence to "permit a reasonable inference based on 'the logic of common experience'" that either the landlord or its boiler contractor had failed to "guard, barricade or warn against the open vault," and that negligence was the accident's cause.
The AD1 dug her out of that one.
To view a copy of the Appellate Division's decision, please use this link: Chimilio-Ramos v. Banguera