- Associated Press - Thursday, May 5, 2016

ALBANY, N.Y. (AP) - New York’s top court has rejected a state trooper’s lawsuit against the Thruway Authority for slipping on an icy sidewalk outside his barracks in the Hudson Valley.

The Court of Appeals, divided 4-3, concluded maintenance personnel weren’t responsible during the 2011 storm.

The judges say the “storm in progress” doctrine protects landowners from negligence claims for injuries from icy conditions “during an ongoing storm or for a reasonable time thereafter.”

Trooper Rodney Sherman claimed the ice storm the night before abated to an intermittent mix of snow, sleet and rain shortly before 7 a.m., then to light rain with temperatures above freezing when he slipped at 8:15 outside the Newburgh barracks.

The dissenters say factual questions should be examined at trial about the storm’s end and reasonable time for Thruway personnel to clear the sidewalk.



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