Miss Brignoni was injured in a bowling alley. She fell due to a slippery condition after her feet went in front of the foul line on the alley. Miss Brignoni claimed that no one had told her that crossing the foul line could be dangerous. It was also alleged that there were no signs giving warning to bowlers about this dangerous condition.
Big Bowl claimed, come on, everyone who bowls understands that you can fall down while participating in running up the alley with a bowling ball. Big Bowl brought a Motion for Summary Judgment. Summary Judgment Motions are used for the purpose of having a court decide the case without a trial. Summary Judgment Motions are based on the theory that there is no question of fact concerning liability issues.
Justice Joan M. Madden, sitting in Supreme Court in New York County rendered a decision that there was not an assumption of risk in this recreational activity. The Judge ruled that the expert hired by the plaintiff had raised a triable issue and that the case should go to trial and not be determined on a motion. The expert’s affidavit specifically stated Big Bowl created enhanced risks of injury because they oiled the lane 4 1/2 inches past the foul line as opposed to the normal standard for bowling alleys which is 6 inches. It was also pointed out that employees on many occasions witnessed bowlers slip and fall on the oiled part of the bowling alley. The Judge’s decision requires the case to be decided at trial by a jury.
The accident lawyers at the Law Offices of Schlissel DeCorpo can help you, should you be injured. Our office has extensive experience in handling car accidents and truck accidents. We also litigate slip and fall cases, premises liability cases, wrongful death cases, nursing home neglect cases as well as all other types of personal injury matters. Call us for a free consulation at 1-800-344-6431, 516-561-6645 or 718-350-2802. Our phones are monitored 24/7.