In Donovan (an accident which occurred three years after the accident underlying this case), the record is replete with the training and safety precautions taken prior to, and during the parade, by all defendants in order to prevent another occurrence similar to the one underlying this case.
Summary of this case from Lewis v. City of New YorkJanuary 5, 2005.
Municipal Corporations — Tort Liability. Negligence — Assumption of Risk.
In Donovan (an accident which occurred three years after the accident underlying this case), the record is replete with the training and safety precautions taken prior to, and during the parade, by all defendants in order to prevent another occurrence similar to the one underlying this case.
Summary of this case from Lewis v. City of New YorkIn Donovan a parade reveler was also run over during a West Indian Day Association festival by a trailer which was owned by JRC, and which was being used as a parade float to carry the musical band "The Burning Flames". As in Donovan, the accident happened late in the day near the end of the parade, and the deceased was one of the spectators who, among other things, walked and danced alongside the trailer as it moved along the parade route.
Summary of this case from Lewis v. City of New YorkIn Donovan parade spectators were prohibited and dissuaded from riding on the floats, whereas in the instant case it was expected that they would attempt to ride on the side of the floats, and this record is devoid of any evidence that they were in any way prevented from doing so.
Summary of this case from Lewis v. City of New YorkIn Donovan the court found, among other things, that "Officer Medina(who was assigned to accompany the defendant's vehicle), in periodically stepping out and walking alongside the tractor trailer, directing spectators to stay away from the vehicle, and in faithfully relaying the messages to Mr. Bennett (the driver) to move the vehicle forward only after said signals were first sent by spotters walking in front of the tractor-trailer and monitoring the traffic and pedestrian situation, exercised reasonable care while under escort duty and acted neither recklessly nor in knowing and disregard for the safety of others".
Summary of this case from Lewis v. City of New YorkIn Donovan, the record provides, and the court found, an abundance of evidence to support and prove the contention of the defendants, that they were free of any fault which was a cause of the accident.
Summary of this case from Lewis v. City of New YorkFull title:Donovan v. West Indian Am. Day Carnival Assn., Inc
Court:Supreme Court of the State of New York, Kings County
Date published: Jan 5, 2005
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