This was originally posted on the SGR Blog.
Commercial litigators in metropolitan areas face a general and familiar panoply of laws and precedents applicable to business disputes. But, as a recent case illustrates, our suburban and upstate counterparts often encounter an entirely different array of statutes and case law applicable to tort claims against a municipality.
Douglas Soffey sued the Town of Chester to recover damages for personal injuries he sustained in an incident that occurred on June 1, 2016, at approximately 8:00 PM, at the downstream side of a culvert pipe located under Hardscrabble Road in the Town of Chester, Warren County. Soffey had been fishing with friends on Bird Pond, a privately owned water body. He was in a canoe with one of his friends and his dog. When the friend and dog jumped out of the canoe, the canoe tipped. Soffey fell out of the canoe, and his right leg struck the end of the culvert pipe, causing a laceration to his lower right leg. Soffey was familiar with the area of the culvert, having used the area on numerous occasions to access Bird Pond. He had launched his canoe next to the culvert pipe and had returned to the same location to exit the water with the canoe.
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