Sunday, November 10, 2013

Florence v. Goldberg case brief

Florence v. Goldberg case brief summary
375 N.E.2d 763 (1978)

Appellants sought review of a judgment in appellees' favor, in a personal injury action in the Appellate Division of the Supreme Court, Kings County (New York).


  • Appellant municipality sought review of judgment in appellees' favor, in a personal injury action where appellee's child was severely injured while crossing the street from school. 
  • Appellee argued she relied upon appellant's prior provision of school crossing guards and the failure to do so on the day of the accident constituted negligence. 
  • Appellant argued a municipality acting in its governmental capacity was not liable for failure to furnish adequate protection. 
  • The court rejected appellant's argument and affirmed, concluding that a municipality whose police department voluntarily assumed a duty to supervise school crossings could be held liable for the negligent omission to provide a guard at the designated crossing or notify the school to take other appropriate action. 
  • The court determined that appellant undertook a special duty for the benefit of a limited class of children crossing, to supervise the crossings or notify of the inability to do so as required under precinct regulations. 
  • Having voluntarily assumed the duty, appellant had an obligation to continue its performance non-negligently. 
  • The court noted that appellee relied on the protection afforded.

The court affirmed the judgment because appellant municipality voluntarily undertook a special duty to supervise school crossings for the benefit of children and was liable for failure to adequately furnish such protection.

Suggested Study Aids For Tort Law

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