Wittorf v. City of New York

This is a dissenting opinion in a case where the plaintiff sustained severe facial injuries after hitting a large pothole while bicycling in Central Park. A City Department of Transportation (DOT) employee allowed the plaintiff to proceed despite knowing about the road defect and without providing a warning. A jury found the DOT worker negligent and the proximate cause of the plaintiff's injuries. However, the trial court set aside the verdict, granting the defendant's motion on the grounds of governmental immunity, stating the DOT worker's conduct was a discretionary act. The majority affirmed this decision. The dissent argues that the DOT employee's actions were proprietary, related to roadway maintenance, and not a discretionary governmental function, therefore, the City should not be immune from liability and the jury verdict should be reinstated.

Wittorf v. City of New York is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.

It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.