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MICHALSKI v. HOME DEPOT, INC.

No. 99-7849.

225 F.3d 113 (2000)

Jacqueline E. MICHALSKI, Plaintiff-Appellant, v. The HOME DEPOT, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 21, 2000

Attorney(s) appearing for the Case

Krishna K. Singh, Amsterdam, New York (Horigan, Horigan & Lombardo, P.C., Amsterdam, New York; Aulisi & Skoda, Gloversville, New York, of counsel), for Plaintiff-Appellant.

Jessica Desany, Albany, New York (James A. Resila, Carter, Conboy, Case, Blackmore, Napierski & Maloney, P.C., Albany, New York, of counsel), for Defendant-Appellee.

Before: CARDAMONE, LEVAL, and PARKER, Circuit Judges.

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 case, the district court ruled that defendant could not be liable as a matter of law for injuries arising...

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