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The Property Owners and the Security Company Were Properly Found Liable for Plaintiff’s Severe Injuries Caused by Twelve-Year-Old Boys Who Threw a Shopping Cart Over a Fourth Floor Railing, Striking Plaintiff on the Ground Below
The First Department, ordering a new trial on damages if the plaintiffs do not stipulate to a reduction from $14.5 to $10 million, determined the defendant property owners and the security company (PSS) were properly found liable for the injuries caused by two twelve-year-old boys who threw a shopping cart over a fourth floor railing onto plaintiff on the ground below. There had been prior incidents where items were thrown over the railing and down an escalator. Hedges v. Planned Sec. Serv. Inc., 2021 N.Y. Slip Op. 00117, First Dept 1-12-21