New York State's highest court has recently decided a case that will be very favorable to plaintiff's injured after slipping on "black ice." In the case, San Marco v. Village/Town of Mount Kisco, a woman who was seriously injured when she slipped on "black ice" in a municipal parking lot was not required to show the municipality had received prior written notice of the hazard for her suit against it to proceed. The lack of prior written notice is often the reason for dismissal of cases such as Ms. San Marco's.
In her case, Ms. San Marco claimed the village created the hazardous condition when its piled up snow that then melted and re-froze over several days. In denying the village's motion for summary judgment, the Court's majority said the municipality's alleged negligence distinguished the case from other prior-notification issues.
"A jury must decide whether San Marco fell on ice created by the Village's snow clearance operation," Chief Judge Jonathan Lippman wrote for the majority. "And relatedly, there are factual issues concerning whether the Village exercised its duty of care to maintain the parking lot in a reasonably safe condition by plowing snow high alongside active parking spaces, and in failing to salt or sand the lot on weekends, despite the fact that it remained open seven days a week."
