Annette Lehr was shopping at a clothing store, owned by Mothers Work, Inc., when she tripped and fell on a clothing rack.
Claiming she had complained about the racks' close proximity, and all the clothing strewn about, Lehr sued and alleged that Mothers had created the dangerous condition or routinely ignored it.
When the New York County Supreme Court denied Mothers' dismissal request, an appeal followed.
Since there were unresolved questions as to the company's placement of the racks, and whether it had notice of the problem, the Appellate Division, First Department, agreed that the matter needed to proceed to trial.
Sorry, but you wouldn't like someone dissing your Mothers!
To view a copy of the Appellate Division's decision, please use this link: Lehr v. Mothers Work, Inc.