Stephen M. Sullivan v. AboveNet Communications, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that when normative standards are used by an expert as a basis for assessing negligence, the expert must be specific as to what standards were violated and how they were violated
• constructive notice is within the province of the jury as long as jury does not engage in idle speculation
• “[I]f the standard itself is not proven, then a deviation from that standard is incapable of proof.” (internal quotation marks omitted)
• “The issues of party responsibility and constructive notice pertain to whether [appellee] owed [appellant] a duty of care, while the adequacy of the expert’s testimony concerns whether [appellee] breached the pertinent standard of care assuming it had such a duty.”

Source: CourtListener parenthetical corpus (CC0).