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NY 1st Dept: Plaintiff's Testimony Alone As To Lighting Insufficient To Defeat SJ

November 10, 2009

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In <i>Brodie v. Gibco Enterprises, Ltd</i>., the plaintiff, a patron in the defendant’s restaurant, tripped and fell on a single step that separated the bar from the dining area. The plaintiff claimed that the lighting in the bar area was inadequate. The restaurant moved for summary judgment on the grounds that the area above the step was lit by a recessed lighting fixture in the ceiling and that the step neither was inherently dangerous nor constituted a hidden trap. The lower court granted the defendant’s motion and the plaintiff appealed. In affirming the decision, the First Department found that the plaintiff's testimony alone, without any other admissible evidence as to the sufficiency of the lighting or the inherent danger of the step could not defeat summary judgment.

Thanks to Ed Lomena for his contribution to this post.

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