201412.12
0

Summary judgment in favor of our client, a national retail corporation, was upheld on appeal. Plaintiff sued our client after she tripped and fell over a cement parking barrier located on the sidewalk of a retail store. The barrier was affixed to the sidewalk and designed to hold shopping carts. Plaintiff claimed that our client was negligent in having the barrier on the sidewalk. We moved for summary judgment on the grounds that the barrier was open and obvious and not inherently dangerous. Our motion was granted in its entirety. Plaintiff appealed. On appeal, The Appellate Division Second Department affirmed the dismissal of plaintiff’s complaint.