In this action to recover for injuries sustained by the plaintiff, whose electric scooter collided with the prongs of a forklift parked outside a warehouse in Queens, New York, the Appellate Division, Second Department, in accordance with Horn Appellate Group’s arguments on appeal, reversed the lower court’s summary judgment order and reinstated the complaint, holding that defendant failed to meet its prima facie burden to prove that the forklift prongs were open and obvious and not inherently dangerous.
