Jean Kramer sued a catering hall, owned and operated by SBR&C, for injuries she sustained while attending a retirement party.
During the cocktail hour, a table full of strawberries was placed on the dance floor. Some 45 minutes after the table was removed, Kramer fell while dancing. (At the time of her fall, she supposedly noticed crushed strawberries on the floor and on her shoe.)
SBR&C asked the Richmond County Supreme Court to dismiss the case because the evidence established the company neither caused the "dangerous" condition nor had actual or constructive notice of its existence. (To establish constructive notice, a defect must be visible and apparent and must exist for a sufficient period of time before the accident to allow for its discovery and correction.)
While the Supreme Court granted the dismissal request, it later reconsidered its determination and allowed the case to continue.
On appeal, the Appellate Division, Second Department, opted to squash the litigation.
Kramer's deposition testimony, and that of her husband's, reinforced that no one saw any fruit fall to the floor nor complained of any possible hazards.
In other words, it seems like Kramer got herself into a real jam.
To view a copy of the Appellate Division's decision, please use this link: Kramer v. SBR&C