Trial Needed to Determine Creation of Hazardous Condition

January 31, 2014
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Facts: Some high school students participated in an after-school work program at a general merchandise store. A chaperone who was monitoring the students tripped over a large piece of wood on the floor of a stockroom. She sued the tenant for negligence, asserting that a store employee must have created the hazard by leaving the wood on the floor. The tenant asked a district court for a judgment in its favor without a trial.  

Decision: A New York court determined that a jury trial was necessary.

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