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Restaurant entitled to summary judgment over parking lot fall because decorative stones were open and obvious.

October 1, 2017
Lawrence v. Darden Restaurants, Inc., 2017 NY Slip Op 04826

The Appellate Division, First Department affirmed summary judgment to the restaurant Olive Garden. The plaintiff tripped and fell in the parking lot outside the restaurant. She tripped on two to three decorative stones that were used in landscaping that had found their way into the parking lot. The court held that the stones were both open and obvious (i.e., readily observable by those employing reasonable use of their senses) and not inherently dangerous.

 

Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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