Chaney v. Starbucks Corp.

115 F. Supp. 3d 380, 2015 U.S. Dist. LEXIS 81180, 2015 WL 3883251
CourtDistrict Court, S.D. New York
DecidedJune 23, 2015
DocketNo. 14 Civ. 7013(PAE)
StatusPublished
Cited by17 cases

This text of 115 F. Supp. 3d 380 (Chaney v. Starbucks Corp.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaney v. Starbucks Corp., 115 F. Supp. 3d 380, 2015 U.S. Dist. LEXIS 81180, 2015 WL 3883251 (S.D.N.Y. 2015).

Opinion

OPINION & ORDER

PAUL A. ENGELMAYER, District Judge:

On August 9j 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 [383]*383himself. 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.

I. Background

A. Factual Background1

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, arid 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 [384]*384away from his table. Tompkins Deck, 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.

B. Procedural History

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 [385]*385submitted 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.

II. Discussion

A. Applicable Legal Standards 1. Summary Judgment Standard

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).

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Bluebook (online)
115 F. Supp. 3d 380, 2015 U.S. Dist. LEXIS 81180, 2015 WL 3883251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaney-v-starbucks-corp-nysd-2015.