Decision: 2022.03.22 |
Argument: 2022.02.08 vid. tr. |
Does the “special duty” requirement—that, to sustain liability in negligence against a municipality, the plaintiff must show that the duty breached is greater than that owed to the public generally—apply to claims of injury inflicted through municipal negligence, or does it apply only when the municipality’s negligence lies in its failure to protect the plaintiff from an injury inflicted other than by a municipal employee?
Related cases: Maldovan v. County of Erie; Howell v. City of New York.