Pedestrian Patty decides to cross the street, but rather than walk 50 feet further and cross at the crosswalk, she decides to cross outside the safety zone. In doing so, she slips off the curbing and severely fractures her lower leg. She tells the police who are assisting the ambulance that the curbing was broken, thus causing her to slip and injure herself. The police verify that the curbing is broken. However, due to the fact she was outside the clearly marked crosswalk by 50', she is issued a traffic ticket for Jaywalking under the NYS Vehicle & Traffic Law, appears in court and is found guilty and fined. Immediately following the court session, she sues the city for the broken curb for injuries and negligence. Lawyers for the city state it would not have happened has she walked in the crosswalk.

Questions: 1. Is this a case of a valid Tort? Explain.

2. Will the case be dismissed as Patty was acting in an illegal manner at the time of the incident?