Dwayne Fuller was running to catch a bus when he tripped over a tree well and fell into a tree.
He later sued PSS/WSF Housing Company claiming that a construction fence, which had been erected in the area, had made the sidewalk unreasonably unsafe and caused his injury.
After the Bronx County Supreme Court dismissed his case, Fuller appealed to the Appellate Division, First Department.
Because he hadn't shown how the fence posed a hazard or made the sidewalk unsafe, the AD1 thought the accident was largely due to the guy's inattentiveness.
No fence sitting there.
To view a copy of the Appellate Division's decision, please use this link: Fuller v. PSS/WSF Hous. Co., L.P.