• Restaurant entitled to summary judgment over parking lot fall because decorative stones were open and obvious.
  • October 6, 2017 | Author: Adam C. Calvert
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - New York Office
  • The Appellate Division, First Department affirmed summary judgment to the restaurant Olive Garden. The plaintiff tripped and fell in the parking lot outside the restaurant. She tripped on two to three decorative stones that were used in landscaping that had found their way into the parking lot. The court held that the stones were both open and obvious (i.e., readily observable by those employing reasonable use of their senses) and not inherently dangerous.