Thursday, February 1, 2007

"Housekeeping to Frozen Food. Stat, more or less."

Plaintiff alleged that he had fallen over an empty merchandise cart in the frozen food aisle. Used by store employess to ferry items from the storage area to the shelves, the cart was six feet long, five feet high, and one foot wide, and it had orange bars on its sides. In Bernth v. King Kullen, decided on January 30, 2007, the Second Department dismissed the complaint because the cart was (1) open and obvious and (2) not inherently dangerous.