The New York State Court of Appeals unanimously affirmed the Appellate Division, Third Department, decision in Tagle v. Jakob (see entry below). In the case, a 16-year old boy was injured when he contacted live electric wires while climbing a tree located upon Gallo & Iacovangelo, LLP client, Donna Jakob. The Court of Appeals held that Ms. Jakob did not owe a duty of care since the tree in question existed solely within an easement owned and maintained by New York State Electric & Gas, a co-defendant in the case. Further, Ms. Jakob owed the plaintiff no duty to warn of potential danger because the utility wires running through the tree were “open and obvious” to the plaintiff as a matter of law.

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