![]() He stated that his staff is instructed to report repairs or issues as they travel the grounds. He stated that the overall design of the pathways in the Garden have been designed by professional architects and designers. If a pathway needs restructuring the project would come under the jurisdiction of Capital Projects Division. He visits various locations at the Garden on a regular basis. He stated that the repair of the 52 acres of walkways and pathways at the Garden are under his control. Gerard Rudloff, the Director of Facilities at the Brooklyn Botanic Garden testified on July 24, 2013. Francis Hospital where she was treated for a fractured left ankle and fractured right wrist. There were no warning signs with respect to the steps. She does not remember any debris or cracks in the cement where she fell. She stated that there was no sun glare or anything else obstructing her view of the steps. She told the security guard that she fell because she did not see the step. Her friend summoned help and a security guard responded with a golf cart. She stated that she twisted her left ankle and fell forward on her face. She did not realize there was a step until after she fell. When asked what caused her to fall she stated there was a step that she was walking down that she could not see. ![]() She did not observe a ramp or handrail in the vicinity where she fell. She stated that she observed the surface she fell on to be level. She took two or three steps on the path and all of a sudden she found herself on the ground. She stated that she was looking ahead as she was walking towards the Rose Garden. She stated that she did not see any steps in the area where she fell. The accident occurred by the Rose Pool Garden and the Cherry Esplanade. In her examination before trial, taken on July 24, 2013, Fedra Panagos, testified that she was involved in an accident at the Brooklyn Botanic Garden on July 8, 2012, at approximately 5:00 p.m. Defendant also submits photographs of the steps in question and a copy of the Brooklyn Botanic Garden Visitor Map. In support of the motion, the defendant submits a copy of the pleadings a copy of the plaintiff's verified bill of particulars copies of the transcripts of the examination before trial of the plaintiff, Fedra Panagos, and the defendant by Gerard Rudloff and Tracey Fairelan. Counsel for defendant contends that the defendant had no duty to warn of a condition that the plaintiff should have readily observed by the reasonable use of her senses. Defendant contends that the steps, which are adjacent to a ramp and handrail, were readily observable, were open and obvious, were not cracked or broken, and should have been observed by the plaintiff as she walked on the subject property. The matter is presently on the calendar in the Trial Scheduling Part on October 21, 2014.ĭefendant now moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the plaintiff's complaint on the ground that the steps that plaintiff tripped on were not an inherently dangerous condition. The plaintiff filed a note of issue on March 24, 2014. As a result of the accident the plaintiff, age 73, sustained a fractured left ankle, fractured right wrist, non-displaced fracture at the base of the fifth metacarpal, distal fibula fracture, and fifth metatarsal fracture. Plaintiff claims that the steps were defective because there was no visual cue as to the change in elevation the stair treads were improperly designed and too deep and there was a failure to warn of the existence of the steps. ![]() In her bill of particulars and supplemental bill of particulars, the plaintiff alleges that she fell due to the change of the elevation of the steps along the pathway and that the steps were negligently designed, constructed and maintained. Reply Affirmation.11 - 13Plaintiff, Fedra Panagos, commenced an action on January 15, 2013, to recover damages for personal injuries she allegedly sustained on July 8, 2012, when she tripped and fell on a series of three steps located near the Cherry Esplanade and Rose Arc Pool at the Brooklyn Botanical Gardens owned by defendant, Brooklyn Botanic Garden Corporation. Plaintiff's Affirmation in Opposition.7 - 10 Notice of Motion-Affirmation-Exhibits.1 - 6 The following papers numbered 1 to 13 were read on this motion by defendant, BROOKLYN BOTANIC GARDEN CORPORATION, for an order granting summary judgment in favor of said defendant and dismissing the plaintiff's complaint: This opinion is uncorrected and will not be published in the printed Official Reports.īrooklyn Botanic Garden Corporation, Defendant. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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