Randee Kimbrell, appellant, v. LLC (2026)

Argued—January 23, 2026

DECISION & ORDER

W/

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (James P. McCormack, J.), dated July 16, 2024.  The order granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The plaintiff allegedly was injured when a 46–ounce metal can fell onto her head and face from a top shelf in a supermarket aisle as she attempted to remove the can.  She thereafter commenced this action against the defendants to recover damages for personal injuries.  After discovery, the defendants moved for summary judgment dismissing the complaint.  The Supreme Court granted the defendants' motion in an order dated July 16, 2024.  The plaintiff appeals.

A landowner has a duty to maintain its premises in a reasonably safe condition (see Basso v. Miller, 40 N.Y.2d 233, 235).  A landowner has no duty to protect or warn against a condition that is open and obvious and not inherently dangerous (see Varon v New York City Dept. of Educ., 123 AD3d 810, 811).  Here, the defendants established, prima facie, that the cans on the top shelf were open and obvious and not inherently dangerous (see Caldwell v. Pathmark Stores, Inc., 29 AD3d 847;  Crawford v. Pick Quick Foods, 300 A.D.2d 431, 431;  Ruggiero v. Waldbaums Supermarkets, 242 A.D.2d 268, 269).  In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact (see Caldwell v. Pathmark Stores, Inc., 29 AD3d at 847).

Accordingly, the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint.

DILLON, J.P., CHAMBERS, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court