Mary J. Butler sued the City of Gloversville after her daughter, Rachel, fell off a playground slide onto unprotected ground and fractured her clavicle and femur.
Since protective ground covers are recommended by the U.S. Consumer Product Safety Commission's Handbook for Public Playground Safety, the American Society for Testing and Materials' Standard Consumer Safety Performance, and, because other playgrounds maintained by the City had those covers in place, the Fulton County Supreme Court denied the City's request to dismiss the case.
On appeal, the Appellate Division, Third Department, was of the opinion the absence of a ground covering wasn't the cause of Rachel's injuries and ended the litigation.
But when the case reached our State's highest court, the New York State Court of Appeals thought that the City hadn't shown an entitlement to relief.
Since there were unresolved questions as to whether the kid's injuries would have been as severe had there been some protective covering been in place, the case was reinstated and sent back for trial.
Those Butlers served that one up real good.
To view a copy of the Court of Appeal's decision, please use this link: Butler v. City of Gloversville