Duclos v. County of Monroe

In Duclos v. County of Monroe (258 AD2d 925), the Appellate Division, Fourth Department, addressed a case very similar to the one at hand. In that case, the plaintiff fell into a gravel pit located adjacent to a public park operated by defendant county. The plaintiff was aware of the pit, but ventured too close to the edge, lost his balance and fell over the edge. The lower court had granted summary judgment to the defendant county, as well as the owner and operator of the gravel pit. Citing Macey v. Truman (70 NY2d 918, 919), the court opined "because plaintiff's testimony establishes that the cliff was an open and obvious danger and that plaintiff fully appreciated the danger it presented, defendants . . . had no duty to protect plaintiff from the unfortunate consequences of his own actions' " (Duclos v. County of Monroe, supra at 926).