Florence v. Lilly Transportation Corp.

375 N.E.2d 763 (1978)

Quick Summary

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Carol Florence (plaintiff) sued Lilly Transportation Corp. and the City of New York (defendants) after her son was injured at an unsupervised school crossing. The police had previously provided crossing guards, which led Florence to believe her son could safely travel alone to school.

The legal issue centered on whether the city could be held liable for negligence in not providing a crossing guard or notifying the school principal. The Court of Appeals affirmed the lower court’s decision, holding the city accountable for its assumed duty to protect school children at crossings.

Facts of the Case

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Carol Florence (plaintiff) had been accompanying her six-year-old son to school, where they observed crossing guards provided by the police department at intersections near the school. Relying on this protection, Florence allowed her son to travel to school alone.

However, on his first unaccompanied trip, the crossing guard was absent due to illness, and no replacement was provided, despite police department regulations requiring such action. The son was struck by a vehicle operated by Meyer Goldberg and owned by Lilly Transportation Corp. (defendants), resulting in severe injuries.

Florence brought a negligence claim on behalf of her son against the city and the driver of the car. The jury found in favor of Florence, which was affirmed by the appellate court.

Procedural Posture and History

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  1. The trial jury returned a verdict favoring Florence and apportioned liability between the driver and the city.
  2. The Appellate Division affirmed liability but ordered a new trial on the issue of damages.
  3. Upon retrial, damages were awarded, and upon appeal, the Appellate Division affirmed after reducing the award to the mother.
  4. The City of New York appealed the decision to the Court of Appeals of the State of New York.

I.R.A.C. Format


Issue Icon

Whether a municipality can be held liable for injuries suffered by a child when the police department had voluntarily assumed a duty to supervise school crossings and negligently failed to station a crossing guard or notify the school principal of the guard’s absence.

Rule of Law

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A municipality that voluntarily assumes a duty to a particular class of persons, in this case school children at designated crossings, may be held liable for negligence if it fails to perform that duty or to take appropriate measures ensuring safety when it cannot perform that duty.

Reasoning and Analysis

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The Court found that the department’s regulations created an obligation to provide crossing guards or otherwise ensure child safety. The plaintiff’s mother had relied on this duty being performed, which increased her child’s vulnerability when it was not fulfilled on the day of the accident.

Moreover, the Court underscored that while municipalities are not liable for failing to provide adequate public services generally, they may be held accountable when they have specifically undertaken a certain task.

In this case, failure to alert the school principal or take other protective measures constituted negligence. The jury’s verdict against the city was upheld as it was a factual determination within their purview.


Conclusion Icon

The order of the Appellate Division was affirmed, holding the City of New York liable for its negligence in failing to supervise the school crossing as it had undertaken to do.

Key Takeaways

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  1. Municipalities can be held liable for negligence if they voluntarily assume a specific duty to a particular class of persons and fail to perform it.
  2. A special relationship, such as that between school children and the police department providing crossing guards, can create a duty beyond general public services.
  3. Reliance by parents on the performance of such duties can increase a municipality’s responsibility for ensuring safety when such duties are not fulfilled.

Relevant FAQs of this case

What establishes a special duty of care?

A special duty of care arises when an entity or individual undertakes a responsibility directed towards a specific class of persons, distinguishing their duty from general obligations owed to the public.

  • For example: Suppose a school contracts with a private security firm to conduct daily patrols. The firm’s specific commitment to the school’s safety establishes a special duty of care towards the students and staff.

How does reliance on an assumed service affect liability?

Reliance on an assumed service generates a foreseeable risk, which in turn broadens an entity’s liability if that reliance leads to harm due to the service’s failure.

  • For example: If a municipality regularly tests drinking water for contaminants and residents forgo personal filters, the municipality may be held liable if it negligently fails to conduct tests and residents fall ill.

What legal recourse is available when a public entity fails to fulfill its voluntarily assumed duties?

Affected individuals can seek legal recourse through negligence claims, asserting that the public entity’s failure breached its duty and led to damages.

  • For example: If a city pledges to fix potholes within 24 hours but fails, resulting in vehicle damage, affected motorists may claim negligence due to the city’s breach of its self-imposed duty.


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