Christine O’Sullivan v. 7-Eleven, Inc. 1st Dept. NYLJ – June 30, 2017
July 19, 2017 Posted By Joseph A. French Insurance Coverage
The First Department recently affirmed a lower Court’s decision awarding summary judgment to the defendant.
Plaintiff claimed she was injured when she slipped and fell inside in front of a 7-11 store counter. Outside, there was an ongoing snowstorm. Defendants were not required to provide a constant, ongoing remedy for an alleged slippery condition caused by moisture tracked indoors during a storm. Defendant had also “demonstrated” they took reasonable maintenance measures to “remedy a hazardous condition”, such as laying out a mat, placing an orange cone on the floor and regularly mopping the store during the day, including within 15 minutes before plaintiff’s accident.
“The record also shows that defendants did not have constructive notice of the dangerous wet condition. The fact that it was snowing, with water and slush tracked in, does not constitute notice of a particular dangerous situation, warranting more than the laying of floor mats”.
Although the storm was outside the store, the safety measures defendant took, and clearly explained and demonstrated, helped persuade the Court that the defendants were entitled to summary judgment.