Court denies claim against Post Office for woman’s fall
Here’s another case of a customer suing the USPS for injuries, but with a different outcome (so far) than the recent Supreme Court decision. The case involved a woman who stumbled over an irregular sidewalk in front of a Bronx post office, “fractured her right shoulder, injured her right wrist, and injured her right knee”, and sued for a million dollars.
It was a clear August day, the sidewalk was clear of debris, but the plaintiff said she ‘caught her toe’ on a break between sidewalk segments. The segments were examined, and the one she tripped over was found to be “approximately one half inch to one inch” higher than the adjacent one.
Under the Federal Tort Claims Act, the case was heard in a New York State court. The judge threw the suit out based on case law in New York State that holds that such an irregularity is “trivial”.
Court Dismisses Suit Against Government Arising From Trip, Fall on Sidewalk in Front of Post Office
New York Law Journal (subscription req.)
