AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

ZENYA CONNOR, ET AL., APPELLANTS, v. TAYLOR RENTAL CENTER, INC., RESPONDENT.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The injured plaintiff tripped and fell over the prongs of a forklift which were allegedly raised four inches off the ground. The forklift was parked in a marked stall in the parking lot of the defendant's store. The evidence disclosed that the forklift was in plain view, and that the injured plaintiff saw it and moved away to avoid it. On these facts, the Supreme Court correctly concluded, as a matter of law, that the forklift, whether its prongs were raised or lowered, did not constitute an inherently dangerous condition, was not a trap for the unwary, and was readily observable by the reasonable use of the injured plaintiff's senses (see, Chiranky v. Marshalls, Inc., 273 A.D.2d 266; Speirs v. Dick's Clothing Sporting Goods, 268 A.D.2d 581; Boehme v. Edgar Fabrics, 248 A.D.2d 344; Binensztok v. Marshall Stores, 228 A.D.2d 534; Russell v. Archer Bldg. Ctrs., 219 A.D.2d 772). Under those circumstances, summary judgment was properly granted to the defendant.

Use AI to get other relevant cases.

Comments

CONNOR v. TAYLOR RENTAL CENTER, INC
(Dec 12, 2000)