Friday, March 2, 2007

Plaintiff gets decked.

After plaintiff slipped and fell on a hanger which was on the floor of a clothing store, defendant's summary judgment drill was boilerplate: (1) it didn't know about the hanger, and (2) it didn't put it there. Period. Plaintiff argued that there was a fact question on constructive notice since several store employees were working nearby when plaintiff was injured. Anything there? No, according to the Second Department in Borenkoff v. Old Navy, decided on February 27, 2007. "The plaintiffs submitted no evidence that the defendant's employees created the condition by leaving hangers on the floor, and no evidence that the subject hanger had been on the floor for a sufficient length of time to provide constructive notice."