Estrella-Jones v. United States
706 F. App'x 28
| 2d Cir. | 2017Background
- On August 9, 2011, Brenda Estrella-Jones tripped and injured her knee exiting the VA hospital in Brooklyn, allegedly on eroded/worn asphalt in the adjacent parking lot.
- Estrella-Jones sued the United States under the Federal Tort Claims Act, alleging negligent maintenance and repair of the parking lot caused her fall.
- The case proceeded to a two-day bench trial in the Eastern District of New York; the district court entered findings of fact and conclusions of law on December 15, 2016.
- The district court found Estrella-Jones failed to prove by a preponderance of the evidence that the United States was liable.
- Estrella-Jones appealed, challenging the district court’s determination that the pavement defect was trivial and not a dangerous condition; she also argued constructive knowledge of the defect.
- The Second Circuit reviewed factual findings for clear error and legal conclusions de novo, applying New York substantive law to FTCA liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the parking-lot defect was a dangerous condition | The asphalt erosion/wear was a nontrivial defect that caused the fall and made the United States liable | The defect was trivial and not a dangerous condition; no liability | The court held the defect was trivial; no liability established |
| Whether the United States had constructive knowledge of the defect | Constructive knowledge existed because the condition should have been discovered and remedied | No constructive knowledge shown; United States lacked notice | Court did not reach constructive-knowledge issue after finding defect trivial |
| Applicable standard for FTCA liability | N/A (dispute focused on facts) | N/A | FTCA liability determined by local (New York) law; plaintiff must prove dangerous condition and actual or constructive notice |
| Standard of review on appeal | N/A | N/A | Factual findings reviewed for clear error; legal conclusions reviewed de novo |
Key Cases Cited
- Bessemer Trust Co., N.A. v. Branin, 618 F.3d 76 (2d Cir. 2010) (standard of review for bench-trial findings)
- Putnam v. Stout, 38 N.Y.2d 607 (N.Y. 1976) (elements for municipal/landowner liability for dangerous condition)
- Cisse v. S.F.J. Realty Corp., 256 A.D.2d 257 (App. Div. 1998) (actual or constructive notice required for landlord liability)
- Trincere v. County of Suffolk, 90 N.Y.2d 976 (N.Y. 1997) (courts must consider size, shape, appearance, and circumstances, not a mechanistic height/depth test)