HM&B Secures Summary Judgment for Local Business Owner

Plaintiff alleged that she was injured when a chair that she sat on broke, causing her to fall. Plaintiff further claimed that Bohemi Chic created a dangerous condition by placing the chair outside its store where passersby might use it, and by failing to maintain the chair in a reasonably safe condition. Bohemi Chic argued that the Plaintiff was not a business invitee, because she only used the chair to wait for a food order from a restaurant next door to its business, and that it had no actual or constructive knowledge of any problem with the chair. The Court agreed with the store, and held that Plaintiff did not meet her burden of establishing that Bohemi Chic created a dangerous condition and/or that it had actual or constructive knowledge of any defect in the chair. Shaun M. Quinn and Bradley A. Silverman were the lawyers from HM&B who secured the MSJ win for Bohemi Chic.