Ortiz v. Jimtion Food Corp

In Ortiz v. Jimtion Food Corp. (274 AD2d 508 [2d Dept 2000]), the plaintiff slipped and fell in a store's back lot, and grabbed a tree branch to help him get up. After he let go of the branch, it struck him in the eye. He sued the store and the premises lessor to recover damages for personal injuries. In reversing the Supreme Court's denial of summary judgment for the defendant store owner, the Second Department held that plaintiff's action "in grabbing the branch to pull himself back up and upon releasing the branch, being struck in the eye, was not a normal or foreseeable consequence of any situation created by the defendants" (Ortiz at 508) .