Deffendant managed a building in NY that is leased to the Administration of Children’s Services (ADS). Plaintiff was a peace officer employed by ADS. While changing in one of the building’s locker rooms, Plaintiff opened a window to cool off
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Deffendant managed a building in NY that is leased to the Administration of Children’s Services (ADS). Plaintiff was a peace officer employed by ADS. While changing in one of the building’s locker rooms, Plaintiff opened a window to cool off. When Plaintiff closed the window, the whole window structure came out and crashed over Plaintiff’s head. Plaintiff sued for damages, claiming res ipsa loquito to be applicable. Defendant moved to dismiss, arguing that it did not have constructive notice of the faulty window and that res IPSA was not applicable. Is it correct to apply res ipsa in this case, why or why not? What is res ipsa? How has it been interpreted in other case law? How did the court conclude? Do you agree with the conclusion? Why or why not?
Wilkins v West Harlem Group Assistance, 2018 Slip Op 08247
