In a Federal Court case, Joe Hassinger and Jason Camelford recently obtained summary judgment on behalf of a major national retailer. In the case, the plaintiff kicked the leg of a display table, and alleged that the display was unreasonably dangerous. She sustained a fractured left patella and a fractured right ankle that required surgery, followed by complications due to a preexisting condition. Her medical expenses exceeded $150,000. The allegedly dangerous display consisted of three tables covered by specially-made tablecloths with merchandise on top. Mr. Hassinger and Mr. Camelford argued that the table was not dangerous, and that the display was open and obvious. The Judge agreed. Further, she held that a customer approaching such a display knows that the tables used therein must be supported by legs, so the customer is on notice to avoid the entire area covered by the tablecloth.
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