Hoefler v Shoreham-Wading River Central School District
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Attorneys and Parties
Brief Summary
Premises liability involving whether a protruding window air conditioning unit on school property was an open and obvious condition that was not inherently dangerous.
The Supreme Court, Suffolk County, denied the school district's motion for summary judgment dismissing the complaint.
The Appellate Division reversed the order denying summary judgment and dismissed the complaint.
The school district established that the air conditioning unit protruding from the window was open and obvious and not inherently dangerous, and the plaintiffs failed to raise a triable issue of fact in opposition.
Background
On July 21, 2021, Cheryl Hoefler allegedly injured her head when she struck an air conditioning unit protruding from a window in a school courtyard owned by the Shoreham-Wading River Central School District. In October 2022, she and her husband, suing derivatively, commenced a personal injury action against the school district.
Lower Court Decision
The Supreme Court, Suffolk County, denied the defendant school district's motion for summary judgment seeking dismissal of the complaint.
Appellate Division Reversal
The Appellate Division, Second Department, reversed the order, held that the school district was entitled to judgment as a matter of law, and granted summary judgment dismissing the complaint.
Legal Significance
The decision underscores that a property owner may obtain summary judgment in a premises liability case by showing that the complained-of condition was readily observable through the reasonable use of one's senses and was not inherently dangerous. In that circumstance, the property owner has no duty to warn against or protect from the condition.
An open and obvious condition that is not inherently dangerous, such as a visibly protruding window air conditioning unit, can defeat a premises liability claim and justify summary judgment for the property owner.