In February 2007, Vincent A. Nagler successfully defended a hardware store against a claim of negligence. In the case, tried before a Manhattan jury, the plaintiff alleged that he fell into the store’s basement through a sidewalk trap door that was left open and unprotected and suffered a fractured calcaneous. By way of defense, we acknowledged the door was left open to allow deliveries, but argued it was an open and obvious condition. The jury determined that the store was negligent, however it still found for the store, holding that the negligence was not the substantial factor in causing the plaintiff’s injury.
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