Trip Over Wheel Stop Case Dismissed as "Open and Obvious"

Case: Gallo v. Hempstead Turnpike, LLC

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

Date: 7/1812

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: A common type problem presented in this case. People tripping over concrete parking stops in parking lots can get hurt and sue for their injuries.

In this case, plaintiff tripped over a concrete wheel stop meant to prevent shopping carts from leaving a parking lot. The raised concrete was even painted yellow as a warning.

The lower court granted summary judgment to defendant dismissing plaintiff's complaint and lawsuit.

This is as expected. These cases are almost impossible to win, for the reasnos discussed in this court opinion.

Held: The cart stop was not inherently dangerous and was "open and obvious." The lower court's grant of summary judgment was affirmed in this appeal.

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