BROOKLYN, N.Y. (Legal Newsline) – A large throne is an open and obvious hazard, a New York appeals court has ruled in rejecting a personal injury lawsuit.
The Second Department of the Appellate Division on Aug. 24 ruled against Kenneth Rider and his lawyers at Farber Brocks & Zane, reversing a Queens County judgment that allowed the case to go to trial.
Instead, Manhattan Monster, Inc., will be granted summary judgment.
“Here, the defendant established, prima facie, that the alleged defective condition was readily observable by those employing the reasonable use of their senses and was not inherently dangerous,” the Second Department wrote.
Rider was at a piano bar called The Monster in February 2016 when he allegedly tripped over the leg of a large, decorative throne considered a novelty to attract customers. But Rider called it a “tripping hazard” and sued the bar’s owner, Manhattan Monster.
After the trial judge rejected The Monster’s motion for summary judgment, six jurors found the bar was negligent in where it placed the chair but that its negligence was not a substantial factor in causing Rider’s accident.
Defense witnesses had testified Rider was past the leg he claimed to have tripped on when he fell. Video evidence convinced the jury.
The Second Department’s ruling will prevent Rider from continuing his effort to have the jury’s verdict set aside, considering the appeals court decided there never should have been a trial in the first place.
“The deposition testimony of a pianist who had performed at the bar for more than 20 years established that the throne was a novelty of the establishment, which drew in patrons,” the decision says. “Further, the plaintiff's own testimony established that he was aware of the throne, as he frequented the establishment and purported to have previously complained to the manager about its location.”