In this case, a woman and her boyfriend approached the 65th Street transverse across Central Park on the morning before the NYC Marathon. They saw a uniformed City worker putting up barricades to close off the roadway. They asked the man if it was okay if they go through and he said, “Sure, go ahead.” What he did not warn them about was that the roadway was being closed to fix large holes caused by water damage. Consequently, Rhonda and her boyfriend rode into an unguarded excavation site in an area that was pitch-black underneath an overpass. Rhonda’s bike fell into a pit and her face was smashed into the roadway. She suffered facial fractures, lacerations, and dental injuries, requiring multiple surgical procedures and leaving her with permanent facial scarring. At trial, the City refused to admit that it was to blame. The jury disagreed and awarded judgment in favor of Rhonda.
