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Torts Keyed to Franklin
Trimarco v. Klein
Citation:
Court of Appeals of New York, 1982. 56 N.Y.2d 98, 436 N.E. 2d 502, 451 N.Y.S.2d 52.ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Plaintiff(Mr. Trimarco) fell through the glass door that enclosed his tub in his apartment which resulted in severe injury. The defendant(Mr. Klien) is the owner of this apartment building where this harm occurred. The plaintiff thought and assumed that the glass was tempered by its appearance but it tuned out to be thin ordinary glass. The apartment building and the shower installed in 1953. The plaintiff, Mr. Trimarco sued the defendant(Mr. Klien) for negligence. At trial, the plaintiff brought an expert witness who testified that since the 1950’s using shatterproof glass became common to use, and by 1976 when the accident occurred the glass door no longer conformed to accepted safety standards. Further, the defendant’s managing agent testified that by 1965 customary landlords who replaced or installed glass enclosures used some materials such as plastic or safety glass. The trial court granted damages to the plaintiff. Then defendant appealed and the appellate court found that there was not a common-law duty to replace the glass unless the defendant had prior notice of the danger. Plaintiff appeals this decision.
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Topic Resources
Topic Videos
Topic Outline
NegligenceTopic Refresher Course
Negligence: Duty