WAS UNABLE SHOW A DEFECTIVE CONDITION EXISTED
BC was a passenger on a ferry owned by Bridgeport & Port Jefferson Steamboat Co., and as he was exiting the vessel via the stairwell, BC’s left ring finger landed in a space between a door hinge and jamb. When that door closed, the tip of his finger was severed.
After he filed a personal injury case, the defendant sought, and was granted, dismissal of the litigation on the ground that the door in question hadn’t been in a defective state.
On appeal, the Appellate Division, Second Department, was of the view that since BC’s expert couldn’t identify a defect, the matter had been appropriately dismissed. The contention that a finger guard should have been installed wasn’t supported by “any regulations or industry customs.”
Since that expert failed to “raise a triable issue of fact,” the AD2 left the outcome undisturbed.
Was BC steamrolled by this steamboat company?
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