Trial Needed to Determine Creation of Hazardous Condition
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.