We won summary judgment on nine-year-old supermarket slip and fall case. The plaintiff claimed that she tripped and fell on the corner of a pallet/box of watermelons in the defendant's produce section in Newburgh, New York, where customers first walk in. The plaintiff admitted she did not see the pallet or its corner and was not looking where she was walking. After her fall, she underwent multiple surgeries, including cervical fusion. Her attorney’s demand was $4 million. The defense motion argued that the watermelon pallet was a temporary merchandise display which was open and obvious to all to be seen with common sense. Indeed, customers walked by the pallet display before and after the plaintiff’s accident at a rate of dozens per day. The store put the watermelons out in this manner as part of its display policy because the melons are delivered in cartons on pallets that cannot be taken apart. The plaintiff argued in opposition that the pallet was a hazardous defect the store created and had notice of. The plaintiff submitted an expert engineer, who claimed the display violated American Society of Testing Materials’ (ASTM) designation F1637-10 regarding safe walkway surfaces. We submitted a rebuttal engineer, who demonstrated the ASTM standard asserted by the plaintiff applied to permanent structures—like floors and buildings—not the temporary pallet, and that the standard did not exist on the day of the accident. In granting summary judgment, the court concluded that while a landowner must act reasonably in maintaining its property in a reasonably safe condition, it is not an insurer of ordinary obstacles that are readily apparent as a matter of common sense and visibility.
