Plaintiff tripped and fell on a small rock in defendants parking lot and sued for personal injuries. Defendant moved for summary judgment based on the open and obvious condition doctrine, and Supreme Court, Suffolk County, denied the motion. The Appellate Division reversed.

The plaintiff, Irene Brown, allegedly tripped on a rock in a parking lot adjacent to the defendants building near a median. The plaintiff claimed she observed the rock, which was approximately the size of a half dollar, after stepping on it.

The defendant made a prima facie showing that the complained-of condition was both open and obvious, i.e., readily observable by those employing the reasonable use of their senses, and not inherently dangerous. In opposition, the plaintiff failed to raise a triable issue of fact as to whether the rock in the parking lot constituted an inherently dangerous condition or whether it was open and obvious. Accordingly, the Supreme Court improperly denied the defendants motion for summary judgment.

The complaint was dismissed.

Brown v. Melville Indus. Assoc., 2006 NY Slip Op 08719 (2nd Dept 2006)