Harris v. OAKS SHOPPING CENTER

Opinion

GILBERT, Acting P. J.

J.A man believes that a large sand sculpture is about to fall and injure customers at a shopping mall. He injures himself while leaping over a nearly four-foot high booth door to render assistance to customers. The sand sculpture does not fall.

To recover in negligence, plaintiff need not show the harm was real and imminent, but only that he reasonably perceived the sand sculpture would fall.

Robert Harris (Harris) appeals from the defense judgment after special jury verdict in favor of respondents, Todd Vander Pluym, doing business as Sand Sculptors International…