Joyce Bigelow obtained a dismissal of all claims pending against a retail store in Bronx County. Plaintiff claimed that he tripped over a shopping basket while entering the retail store.
The accident was captured on video surveillance film which was exchanged during discovery. We moved for summary judgment on behalf of the retail establishment arguing that the shopping basket was not inherently dangerous, was an open and obvious condition and that the retail establishment took steps to maintain their store in a reasonably safe condition. Judge Thompson agreed with our position, granted our motion for summary judgment and dismissed the plaintiff’s complaint in its entirety. No appeal was taken.