Woman cannot sue her apartment complex after trip and fall that blinded one eye
Laura Gumina sued her landlord, the Princeton Court Apartments, arguing that whe lost the sight in one eye as a result of the landlord's negligence. Gumina explained that she took an alternate route from her apartment to her car, across paving stones that were set too wide apart for her stride. She stumbled on the interstitial grass and a recently-pruned bush stem struck her right eye, destroying her vision in that eye. She argued that the combination of the negligently designed walkway and the dangerously pruned bush constituted a dangerous hazard that violated the Landlord's statutory duty to maintain common areas in a reasonably safe condition.
The Court of Appeals held that the harm suffered by the plaintiff wasn't "reasonably foreseeable," noting that a dangerous condition must be "more than theoretically or retrospectively dangerous" and held that "it was plaintiff's failure to use the bare minimum of caution--watching the ground when walking--that cause her fall..."