Carrera was working as Roach's housekeeper and was injured while attempting to reach a bookcase's upper shelf. Apparently, Carrera used a nearby stool, which collapsed and caused her to fall to the floor.
After Carrera filed her lawsuit, Roach moved for summary judgment seeking the complaint's dismissal. When the New York County Supreme Court denied that request, Roach appealed.
Since the stool was "purely decorative," and there was an "open and obvious danger of using it as a step stool," the Appellate Division, First Department, sided with Roach and dismissed the case.
Because Roach was unaware that Carrera intended to use the item as a step stool, the AD1 was of the opinion that Roach was "under no duty to either make the stool safe for use ... or warn [Carrera] of the danger of using it as a step stool."
This is likely the first time a Roach has kicked a Carrera's Fanny.
To view a copy of the Appellate Division's decision, please use this link: Carrera v. Roach