Chaney v. Starbucks Corp.
| Decision Date | 23 June 2015 |
| Docket Number | No. 14 Civ. 7013(PAE).,14 Civ. 7013(PAE). |
| Citation | 115 F.Supp.3d 380 |
| Parties | John CHANEY, Plaintiff, v. STARBUCKS CORPORATION, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Scott A. Wolinetz, Scott A. Wolinetz, P.C., New York, NY, for Plaintiff.
George Nelson Tompkins, III, Wilson Elser Moskowitz Edelman & Dicker LLP, New York, NY, for Defendant.
On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he saw that a customer in the seating area had plugged a white electrical charger into an outlet. After buying lunch, Chaney sat down near that patron. When Chaney rose from his chair 20 minutes later, he stepped on the charger, causing him to fall and injure himself. Six months later, Chaney brought this negligence action against defendant Starbucks Corporation ("Starbucks"), claiming that Starbucks had failed to safely maintain the seating area in its café.
Following discovery, Starbucks now moves for summary judgment. It argues that the material facts are undisputed and that, on those facts, it had no legal duty to Chaney with respect to the charger because the charger was open and obvious, and not inherently dangerous. The Court agrees and therefore grants Starbucks's motion for summary judgment.
The material facts of this case are not in dispute. On August 9, 2013, Chaney went to eat lunch at a Starbucks café located at 3503 Johnson Avenue in the Bronx, New York. Def. 56.1 ¶ 4. He worked nearby and visited this particular Starbucks location about two to three times per week. Id. 5–6.
As Chaney entered, he noticed that a customer in the seating area had plugged a white electrical charger2 into the wall. Id. ¶¶ 16–17. The charger consisted of a cord attached to a small, white square, which lay flat upon the café's orange tile floor. Id. ¶ 19.3 Chaney did not mention the charger to the customer, nor did he report it to any Starbucks employee. Id. ¶ 18.4
Chaney walked past the seating area, proceeding to the counter, where he ordered lunch (an egg salad sandwich and an Americano beverage). Def. 56.1 ¶¶ 8–9. He brought his lunch over to a table to eat, and he testified that he did not have to step over the cord in the process of seating himself. Id. ¶¶ 11, 21. The cord remained by the wall, situated about 12 to 14 inches away from his table. Tompkins Decl., Ex. C ("Chaney Dep."), at 40.
After about 20 minutes, Chaney finished eating and got up from his table. Def. 56.1 ¶¶ 12–13. As he made his way toward the exit, he stepped on the white square attached to the cord, causing him to lose his balance and fall. Id. ¶ 14. At his deposition, Chaney was unable to explain why, having earlier seen the white square, he had not stepped over it or otherwise avoided it. Id. ¶ 26. Chaney remained on the floor for about three minutes, after which another customer, Nicole Suozo, asked him if he was "okay." Chaney Dep. 44–48. Chaney responded that he was, and then went to the bathroom to "get [himself] together." Id. at 48.
Upon returning, Chaney approached the counter and told two baristas, including Camille Williams, about the incident. Id. They offered him a cup of coffee, which he declined. Id. at 48–52. After waiting about five to 10 minutes, he left. Id. at 52. He did not complete any paperwork or tell any Starbucks representative, apart from the two baristas, about the incident. Id. at 52–53. Chaney testified that he took a photo of the charger after the incident, which he stored on his computer. Id. at 95. However, this photo is not part of the record, and at argument, Chaney's counsel stated that he does not know whether it still exists. 6/9/15 Tr. 28–29.
Chaney then drove to Shire Realty, where he worked as a personal assistant. Chaney Dep. 11, 55. A co-worker took him to the emergency room at the New York–Presbyterian Hospital, where he underwent a precautionary MRI exam. Id. at 55–58. He was immediately discharged, but he returned to the emergency room three days later when he experienced more pain. Id. at 60–62. The doctor prescribed him Naproxen
, a pain relief medication, but did not recommend further treatment. Id. at 62–63.
Chaney claims that, as a result of the fall, he sustained back, neck, and head injuries
, including herniated discs, multiple forms of traumatic brain injury, severe migraines, headaches, dizziness, and neck pain. Dkt. 1, Ex. E. He claims that he has sought medical attention from the New York–Presbyterian Hospital, Lenox Hill Radiology, and Maximum Orthopaedics and Sports Medicine, and that he was confined to his home for a week after the incident. Id. Chaney seeks special damages of $100,000, including for future medical care.Id.
On January 30, 2014, Chaney filed this negligence action in New York State Supreme Court for Bronx County, claiming that Starbucks neglected its duty to properly maintain the seating area, causing his injuries. Dkt. 1, Ex. A. On March 26, 2014, Starbucks answered, denying liability. Dkt. 1, Ex. B. On August 28, 2014, Starbucks removed the case to this Court, based on diversity jurisdiction. Dkt. 1.
The parties took limited discovery. Starbucks deposed only Chaney, believing that his admissions, including that he saw the charger in the seating area before the incident, establish that the charger was open and obvious and not inherently dangerous, so as to preclude Starbucks's liability for negligence. Chaney deposed only Williams, who testified that she did not recall the incident or whether she had worked on the day in question. See Williams Dep. 14, 18. Neither party deposed Suozo, who, Chaney states, witnessed the incident; adduced evidence as to Starbucks's policies in general, or the practices at the location in question, with respect to supervision of the customer seating area or similar incidents, if any; or submitted tangible evidence, including a floor plan of the Starbucks location.5
On April 13, 2015, after discovery, Starbucks moved for summary judgment. Dkt. 19. Starbucks filed a declaration, Dkt. 21, and a memorandum of law in support of its motion, Dkt. 20 ("Starbucks Br."), arguing that it had no duty to protect Chaney from an open and obvious condition, which, as a matter of law, was not inherently dangerous. On May 15, 2015, Chaney filed a declaration, Dkt. 24, and a memorandum of law in opposition to the motion, Dkt. 25 ("Chaney Br."), arguing, inter alia, that whether the condition was open or obvious is relevant only to damages, and noting that Starbucks had not established that it lacked actual or constructive notice of the ostensibly dangerous condition (the charger, situated in the customer seating area) that allegedly caused his injury. Id. On June 1, 2015, Starbucks filed a reply brief. Dkt. 29 ("Starbucks Reply Br."). On June 9, 2015, the Court held argument. See 6/9/15 Tr.
To prevail on its summary judgment motion, the moving party must "show [ ] that there is no genuine dispute as to any material fact and that [it] is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). The movant bears the burden of demonstrating the absence of a question of material fact. In making this determination, the Court must view all facts "in the light most favorable" to the non-moving party. Holcomb v. Iona Coll., 521 F.3d 130, 132 (2d Cir.2008) ; see also Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
To survive a summary judgment motion, the opposing party must establish a genuine issue of fact by "citing to particular parts of materials in the record." Fed.R.Civ.P. 56(c)(1) ; see also Wright v. Goord, 554 F.3d 255, 266 (2d Cir.2009). "A party may not rely on mere speculation or conjecture as to the true nature of the facts to overcome a motion for summary judgment." Hicks v. Baines, 593 F.3d 159, 166 (2d Cir.2010) (citation and internal quotation marks omitted). Only disputes over "facts that might affect the outcome of the suit under the governing law" will preclude a grant of summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In determining whether there are genuine issues of material fact, the Court is "required to resolve all ambiguities and draw all permissible factual inferences in favor of the party against whom summary judgment is sought." Johnson v. Killian, 680 F.3d 234, 236 (2d Cir.2012) (quoting Terry v. Ashcroft, 336 F.3d 128, 137 (2d Cir.2003) ).
To prevail on a negligence claim, the plaintiff must establish "(1) a duty owed by the defendant to the plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom." Solomon ex rel. Solomon v. City of New York, 66 N.Y.2d 1026, 1027, 499 N.Y.S.2d 392, 489 N.E.2d 1294 (1985) ; see also Akins v. Glens Falls City Sch. Dist., 53 N.Y.2d 325, 333, 441 N.Y.S.2d 644, 424 N.E.2d 531 (1981). Only the first element, the existence of a legal duty, is in dispute on this summary judgment motion.6
Generally, under New York law, "landowners owe people on their property a duty of reasonable care under the circumstances to maintain their property in a safe condition." Tagle v. Jakob, 97 N.Y.2d 165, 168, 737 N.Y.S.2d 331, 763 N.E.2d 107 (2001). However, "a landowner has no duty to protect or warn against an open and obvious condition which, as a matter of law, is not inherently dangerous." Varon v. N.Y.C. Dep't of Educ., 123 A.D.3d 810, 998 N.Y.S.2d 433, 434 (2d Dep't 2014). In such cases, the condition "cannot fairly be attributed to any negligent maintenance of the property" on the landowner's part. Cupo v. Karfunkel, 1 A.D.3d 48, 767 N.Y.S.2d 40, 43 (2d Dep't 2003). On Starbucks's motion for summary judgment directed to the existence of a duty, the Court therefore focuses on two questions: Whether the condition that Chaney now complains of was (1) open and obvious, and (2...
To continue reading
Request your trial
-
Bennett v. Target Corp.
...color, in that it is nine inches high, contains white striping on the top, and dark carpeting on the side. See Chaney v. Starbucks Corp., 115 F. Supp. 3d 380, 387 (S.D.N.Y. 2015) (ruling that a "white charger square offset against [a] store's orange-colored floor, was open and obvious.") (i......
-
Silvestri v. Kohl's Dep't Stores, Inc.
...warn, which demands inquiry into whether the condition was open and obvious and whether it was inherently dangerous, see, e.g., Chaney, 115 F.Supp.3d at 386-390.[3] argue that they did not have notice of the condition, that Plaintiff cannot definitively identify the cause of her accident, a......
- United States v. Fernandes
-
Segarra v. Delta Airlines, Inc.
...to establish that the condition is not inherently dangerous requires a court to deny summary judgment. See Chaney v. Starbucks Corp., 115 F. Supp. 3d 380, 387 (S.D.N.Y. 2015). Delta has pointed to no evidence—much less any "clear" record evidence—that the gap between the jet bridge and plan......