In Frazier v. City of New York , John Frazier filed suit against the City of New York Department of Parks and Recreation , the New York Mets , and Harvard Maintenance, Inc. , to recover damages for personal injuries he incurred while enjoying a day at Shea Stadium .*
Frazier was allegedly injured when he slipped and fell on a ballpark ramp. He testified that "after [he] fell, he saw a reddish streak on the ramp and a ketchup-like substance on his shoes." And, while Frazier's wife did not witness the incident, she testified that "about an hour before the accident, she saw a messy white condition consisting of a portion of a crushed hot-dog bun, ketchup, and mustard on the ramp, as well as a hot-dog, a hot-dog bun, and two napkins" right where Frazier fell.
Frazier alleged that he slipped on that mess.
When the defendants filed motions to dismiss the case, the Queens County Supreme Court sided with them.
On appeal, the Appellate Division, Second Department, held that "[a] defendant who moves for summary judgment in a slip-and-fall case has the initial burden of making a prima facie showing that it neither created the hazardous condition nor had actual or constructive notice of its existence for a sufficient length of time to discover and remedy it."
In this case, the AD2 found that the defendants had neither created the condition nor had actual or constructive knowledge of its existence.
Frazier offered no evidence in opposition. The court also found that Frazier's contention that "the defect which had caused him to fall was the remnant of the mess that his wife had seen an hour before his accident [was] purely speculative."
As a result, the AD2 affirmed the lower court's dismissal.
Yet another one hit right out of the park.
To download a copy of the Appellate Division's decision, please use this link: Frazier v. City of New York
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*Frazier sued against multiple defendants, all of whom have responsibility over the sports facility. The City owns the stadium and leases it to the Mets , while Harvard Maintenance assists with the Stadium's maintenance.