Thursday, February 7, 2013

Greene v. Sibley, Lindsay & Curr Co. case brief

Greene v. Sibley, Lindsay & Curr Co.
257 N.Y. 190

PROCEDURAL HISTORY: Defendant movants sought review of a judgment from the Appellate Division of the Supreme Court in the Fourth Judicial Department (New York), which affirmed a trial court judgment entered in favor of plaintiff claimant in her action for personal injuries after denying motions for a nonsuit and a directed verdict.

FACTS: The claimant was a customer at a department store and was standing at a sales counter. At the same time, a mechanic was servicing the cash register, which the claimant was told was out of order. The claimant turned to pick up her change from the counter, and when she turned back around, the mechanic had dropped to his knees, and the claimant tripped over his foot. The claimant brought an action against the movants for negligence. The trial court entered a judgment for the claimant, after denying the movants' motions for nonsuit and a directed verdict. The judgment was affirmed on appeal.

The court reversed the judgment and directed that the complaint be dismissed, holding that the movants did not breach their duty of reasonable care.

CONCLUSION: The court reversed the judgment entered for the claimant and ordered that the complaint be dismissed.

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