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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RELATED POSTS:
SLIP-AND-FALL ACCIDENT IN PARKING LOT: SUMMARY JUDGMENT TO SOME DEFENDANTS
SUMMARY JUDGMENT DENIED TO DEFENDANT PROPERTY OWNER IN SLIP AND FALL PARKING LOT ACCIDENT
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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.