Anthony Turturro, an Infant, by His Mother and Natural Guardian, Elida Turturro v. City of New York

Summary

The New York Court of Appeals affirmed that the City of New York acted in a proprietary capacity with respect to roadway design and safety, so no special duty needed to be proved; the jury’s finding that the City’s negligence was a proximate cause of the injury was supported by a rational evidentiary line; and the City was not entitled to qualified immunity. The dissent argued the opposite, asserting governmental function immunity.