Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 6

Negligence Per Se Julius Ebanks set out from his home in East Elmhurst, Queens, New York, en route to his employment in the downtown district of Manhattan. When Ebanks reached Bowling Green subway station, he boarded an escalator owned and operated by the New York City Transit Authority. While the escalator was ascending, Ebanks’s left foot became caught in a 2-inch gap between the escalator step on which he was standing and the side wall of the escalator. Ebanks was unable to free himself. When he reached the top of the escalator, he was thrown to the ground, fracturing his hip and causing other serious injuries. The 2-inch gap exceeded the 0.375-inch standard required by the city’s building code. Ebanks sued the Transit Authority to recover damages for his injuries. Who wins? Ebanks v. New York City Transit Authority, 70 N.Y.2d 621, 518 N.Y.S.2d 776, Web 1987 N.Y. Lexis 17294 (Court of Appeals of New York)

Step 1 of 3

Facts of the Case:

JB filed a suit against TA in order to recover for damages caused to him as a result of injuries he suffered. These injuries were the result of carelessness while construction on part of TA.