ACCIDENT VICTIM TRIPS OVER PLASTIC CABLE COVER; CASE DISMISSED FOR "TRIVIAL DEFECT"

Case: Holdos v. American Consumer Shows, Inc.

Court: Supreme Court, Appellate Division, Second Department, New York

Date: January 24, 2012

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Queens; Queens injury lawyer)

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RELATED POSTS:

TRIP AND FALL ACCIDENT CASE DISMISSAL AFFIRMED ON APPEAL ON OTHER GROUNDS; DUTY WAS, YES, OWED TO PEDESTRIAN BY PARKING LOT OWNER, BUT PLAINTIFF TRIPPED ON "TRIVIAL DEFECT" (Posted by Brooklyn injury lawyer Gary E. Rosenberg on Dec 3, 2011)

TRIP-AND-FALL ACCIDENT CASE DISMISSED ON DEFENSE SUMMARY JUDGMENT MOTION FOR "TRIVIAL DEFECT"(Posted by Queens injury lawyer Gary E. Rosenberg on Feb 15, 2012)

SLIGHTLY RAISED WOODEN FLOOR PLANK IS "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT GRANTED IN TRIP-AND-FALL ACCIDENT (Posted by Brooklyn injury lawyer Gary E. Rosenberg on Jan 11, 2012)

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DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Spinner, J.), dated March 9, 2011, as granted those branches of the separate motions of the defendant American Consumer Shows, Inc., and the defendant Gordon L. Seaman, Inc., which were for summary judgment dismissing the complaint insofar as asserted against each of them.

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

There is no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous (see Cupo v. Karfunkel, 1 AD3d 48). Here, the defendants established their prima facie entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against each of them by presenting evidence that the yellow and blue cable cover over which the plaintiff allegedly tripped and fell while attending a trade show in a community college gymnasium was open and obvious, and was not inherently dangerous (see Russ v. Fried, 73 AD3d 1153, 1154; Jang Hee Lee v. Sung Whun Oh, 3 AD3d 473, 474; see also Pipitone v. 7-Eleven, Inc., 67 AD3d 879, 880). In opposition, the plaintiff failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Khaimova v. Osnat Corp., 21 AD3d 401).

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RELATED POSTS:

MARBLE CHIP IN STEP "NOSING" IS "TRIVIAL DEFECT" AND DEFEATS STAIRWAY TRIP-AND-FALL CASE; SUMMARY JUDGMENT GRANTED TO DEFENSE (Posted by Queens injury lawyer Gary E. Rosenberg on Nov 26, 2011)

SHE DIES IN TRIP-AND-FALL ACCIDENT ON SIDEWALK; CASE DISMISSED BECAUSE OF "TRIVIAL DEFECT" (Posted by Brooklyn injury lawyer Gary E. Rosenberg on Nov 13, 2011)

RAISED MANHOLE COVER IN PARKING LOT A "TRIVIAL DEFECT"; DEFENSE SUMMARY JUDGMENT MOTION GRANTED & CASE DISMISSED (Posted by Brooklyn injury lawyer Gary E. Rosenberg on Dec 13, 2011)

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Accordingly, the Supreme Court properly granted those branches of the defendants' separate motions which were for summary judgment dismissing the complaint insofar as asserted against each of them.

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