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Florence v. Goldberg

Court of Appeals of New York

375 N.E.2d 763 (1978)

Relevant factsFree

After observing a police crossing guard stationed at an intersection near her six-year-old daughter's school for two weeks, Florence's mother began letting Florence (plaintiff) walk to school alone; on Florence's first unaccompanied trip, no crossing guard was present, and a car struck and severely injured her at the unattended intersection. Florence and her mother sued the city and the driver (defendants) for negligence, and a jury found for Florence, which the appellate court affirmed.

IssueFree

Whether a municipality may be liable for failing to continue a voluntarily undertaken protective practice when a person relies on that practice and is injured by its discontinuation.

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