Legal Opinion
Jacqueline E. Michalski v. The Home Depot, Inc.
Court of Appeals for the Second Circuit
Decided August 21, 2000No. 1999PublishedCited by 97 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
Plaintiff, a first-time shopper in a store owned by defendant Home Depot, tripped and fell there. The sole issue presented is whether an object on defendant’s premises that is open and obvious may present a risk of injury to plaintiff so as to make defendant liable in damages. In construing the New York law that governs this diversity ease, the district court ruled that defendant could not be liable as a matter of law for injuries arising from a fall over an object that was open and obvious.
We read this record and New York law somewhat differently than did the…
2Cases cited34 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Basso v. MillerNew York Court of Appeals · 1976
- Morgan v. StateNew York Court of Appeals · 1997
- Ward v. K Mart Corp.Illinois Supreme Court · 1990
29 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)Court of Appeals for the Third Circuit · 2007
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- Lou Dibella and Dibella Entertainment, Inc., Plaintiffs-Appellants-Cross-Appellees v. Bernard Hopkins, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
- Reddington v. Staten Island University HospitalCourt of Appeals for the Second Circuit · 2007
- Foster v. Costco Wholesale Corp.Nevada Supreme Court · 2012
92 more not listed; retrieve them via the Exa API.