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BAR AT ENTRANCE TO A SHOPPING-CART CORRAL WAS A TRIVIAL DEFECT.

The First Department, reversing Supreme Court, determined defendant was entitled to summary judgment in this slip and fall case because the alleged defect was trivial. Plaintiff alleged tripped over a 3/8-inch-high bar at the entrance to an enclosure for shopping carts (cart corral):

The submissions on the motion establish that “the defect is, under the circumstances, physically insignificant and that the characteristics of the defect or the surrounding circumstances do not increase the risks it poses” … . [Defendant] presented photographs taken by plaintiff’s photographer, which show that the metal bar was only three-eighths of an inch above the surface of the parking lot. Those photographs, and others in the record that were shown to plaintiff at her deposition, establish that the bar was not hidden or covered in any way and did not constitute a trap. Myles v Spring Val. Marketplace, LLC, 2016 NY Slip Op 05351, 1st Dept 7-5-16

NEGLIGENCE (BAR AT ENTRANCE TO A SHOPPING-CART CORRAL WAS A TRIVIAL DEFECT)/SLIP AND FALL (BAR AT ENTRANCE TO A SHOPPING-CART CORRAL WAS A TRIVIAL DEFECT)/TRIVIAL DEFECT (BAR AT ENTRANCE TO A SHOPPING-CART CORRAL WAS A TRIVIAL DEFECT)

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QUESTION OF FACT WHETHER SKIER ACTED RECKLESSLY, THEREBY RENDERING THE ASSUMPTION... PROSECUTORIAL MISCONDUCT WARRANTED REVERSAL IN THE INTEREST OF JUSTICE.