Defense Summary Judgment Motion Denied in Case of Woman Who Lost Her Finger Tip Due to Defective Chair in Restaurant

Court: Supreme Court, Queens County, New York.

Case: Rhee v. DJ's International Buffet

Date: Aug. 21, 2012

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

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Facts: Defendant has made a motion for summary judgment. Yune Rhee, age 61, sues for personal injury. She was moving her chair and her finger got stuck between seat cushion and the chair's metal frame, cutting off the tip of her ring finger. The restaurant called an ambulance for her. Her ring finger was repaired at Nassau County Hospital.

The restaurant manager gave an oral deposition and testified that after the accident he examined the chair. He observed a missing right front screw -- that would attach the seat cushion to the frame. Nobody had been hurt on the chair before, he did not know about the missing screw before the accident. The chairs were inspected when they were placed upside down on the restaurant's tables to accommodate a monthly carpet cleaning.

He further testified that the last carpet cleaning was two weeks before the accident, but produced no receipt to show this.

Holding: Defendant did not submit enogh evidence to show that it didn't have constructive ontice of the missing chair screw.

There is therefore a question of fact that requires denying the restaurant's motion. This accident case goes forward.

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