While looking for the bathroom as she walking down an unlit hallway in Gary C.'s home, Denise M. opened the door to the basement and ended up falling down the stairs.
When she later sued Gary for failing to maintain his property in a reasonably safe condition and failing to warn of the danger, the Niagara County Supreme Court ended up dismissing the case.
But when the dispute got to the Appellate Division, Fourth Department, that court thought there were unresolved questions as to "open and obvious" nature of the condition. Apparently the two doors were in "close proximity" and were "identical in appearance."
And since Gary didn't show that he maintained the property in a reasonably safe condition, or that Denise's conduct was the sole reason for her fall, the lawsuit ended up getting reinstated.
Some door prize.
To view a copy of the Appellate Division's decision, please use this link: M. v. C.