Gordon v. American Museum of Natural History
Court of Appeals of New York
492 N.E.2d 774 (1986)
Relevant factsFree
Gordon (plaintiff) slipped on a piece of paper on the museum's (defendant) steps, near a concession stand the museum had contracted out; he testified he had seen other paper debris on a different part of the steps before his fall, and argued the museum had actual or constructive notice of a dangerous paper-litter condition. A jury found for Gordon, and the Appellate Division affirmed.
IssueFree
Whether a court errs in allowing a negligence claim to reach the jury when there is no evidence in the record supporting the plaintiff's theory of notice.