Boyko v. Limowski’s Empirical Analysis

Citation profile

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 4 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “affords landowners a reasonable time after the cessation of a storm or temperature fluctuations which created the hazardous condition to take corrective action”) (emphasis added). Applying the storm in progress doctrine to the facts of this case, the Court finds that defendant was under no duty to correct any icy conditions that may have existed at the DuPont plant at the time plaintiff fell. The evidence presented at trial established that the inclement weather conditions which existed prior to and at the time of Olejniczak’s fall were unusually severe for the Western New York area. The extreme cold, the high winds, and the blowing snow combined to create an ongoing hazardous situation at the time of the fall which DuPont was under no duty to correct until a reasonable time after those conditions ceased. 9 2. General Duty of Reasonable Care Even if the storm in progress doctrine did not apply, DuPont could not be found to have breached the duty it owed to Olejniczak. Under New York law, a "landowner must act as a reasonable [person] in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.”

   1 later decision quote this exact passage
   e.g. 79 F. Supp. 2d 209 - Olejniczak v. EI Du Pont De Nemours and Co.