Case Dismissed Against Landowner And Tenant In Trip-And-Fall Over "Open And Obvious" Concrete Parking Lot Wheel Stop

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

Case: Gallub v. Popei's Clam Bar, Ltd., of Deer Park

Date: Aug. 8, 2012

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

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Facts: Accident victim was walking through a parking lot to a restaurant. It was around noon on a clear day. She tripped over a concrete wheel stop in the parking lot, even though she had patronized that restaurant before and probably even noticed concrete wheel stops in the parking lot. The defendants asked the Court for summary judgment dismissing the plaintiff's lawsuit.

Held: A landowner must keep its premises reasonably safe; but not from "open and obvious" dangers. There are already cases that hold that a wheel stop is not considered dangerous if it's visible. Plaintiff fails to make out her case. Summary judgment is granted in defendants' favor and this lawsuit is dismissed.

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