Court of Appeals of New York

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Turturro v. City of New York, 196

In an injury and tort action, brought against defendant city after twelve-year old plaintiff was seriously injured in a collision involving a speeding driver on a Brooklyn roadway, the trial court's entry of judgment for plaintiff is affirmed. The Court held that: 1) plaintiff did not have to prove the existence of a special duty because the city's acts or omissions regarding the road were made in a proprietary capacity; 2) the evidence was legally sufficient to uphold the jury's finding that the city's negligence was a proximate cause of the accident; and 3) the doctrine of qualified immunity did not apply.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/12/22

Judges

  • FAHEY

Court

  • Court of Appeals of New York

Counsel


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