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Wood Which Fell From a Shelf When Plaintiff Inadvertently Moved It Was the Condition for the Occurrence of the Event, But Not the Cause

In reversing Supreme Court, the Second Department determined the defendant school was entitled to summary judgment in a personal injury action brought by a student.  The student had been injured when he inadvertently caused wood stored on a shelf to fall on him.  The Second Department determined the wood on the shelf was the condition for occurrence of the event but not the cause:

“In order for a landowner to be liable in tort to a plaintiff who is injured as a result of an allegedly defective condition upon property, it must be established that a defective condition existed and that the landowner affirmatively created the condition or had actual or constructive notice of its existence” … . “It is true that whether a certain condition qualifies as dangerous or defective is usually a question of fact for the jury to decide” … . “However, summary judgment in favor of a defendant is appropriate where a plaintiff fails to submit any evidence that a particular condition is actually defective or dangerous” … .

Here, the defendants established prima facie that there was no evidence of a dangerous or defective condition that caused the injured plaintiff's accident. The injured plaintiff testified at the General Municipal Law § 50-h hearing that he, in effect, inadvertently pushed the two two-by-four pieces of wood off the shelving unit with the stick. Under these circumstances, the presence of the two-by-fours resting atop the shelving unit “merely furnished the condition or occasion for the occurrence of the event,” but was not one of its causes… . Rant v Locust Val High School, 2014 NY Slip Op 08415, 2nd Dept 12-3-14

 

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