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Premises Liability/Personal Injury
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Magda Perez v. Quick Park Garage Corp., New York Supreme Court, Kings County, involved a claim by plaintiff, Magda Perez to recover for personal injuries sustained when she was run over by a car exiting a garage operated by Quick Park. Plaintiff , while walking on the sidewalk outside the garage, was struck by a tenant of the garage who just retrieved his car from the garage. Plaintiff claimed numerous severe injuries relating to the incident including a miscarriage.
We moved for summary judgment on behalf of Quick Park on the ground that the garage operator owes no duty to pedestrians on the street to prevent them from being struck by tenants driving their own cars out of the garage. Plaintiff argued that by posting “STOP” signs at the exit and a sign stating “WATCH FOR PEDESTRIANS” the garage assumed a duty to ensure that the tenants leaving the garage drove with due care out of the garage. The court granted Quick Park’s motion for summary judgment.
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