DISMISSAL OF SLIP & FALL CASE, REVERSED
After she slipped and fell in a “fast food restaurant,” KH filed suit in the Orange County Supreme Court seeking to recover damages for her personal injuries.
And after the defendant’s request to dismiss the case was granted, and KH’s spoliation motion was denied as academic, an appeal ensued.
Apparently, the court below agreed with the defendant’s argument that the area had been recently mopped, that the condition was “open and obvious and not inherently dangerous,” and that there was a sign which warned of the condition – thus negating liability for what transpired.
But the Appellate Division, Second Department, noted that surveillance footage reinforced that the worker was not visible when KH entered the aisle and fell, that the dampness was not “plainly visible,” nor did there appear to be a “wet floor” sign placed in the area where the accident occurred.
Given those gaps, the appellate court didn’t think that the defendant had unequivocally established its entitlement to relief and that reversal of the underlying determination was thus warranted, and the matter remanded for a determination on KH’s spoliation motion.
Looks like that fast food restaurant sure tripped up there.
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DECISION