This section contains the nature of the case and procedural background.

P visited a D store, and his left toe caught the corner of a wooden pallet, which was covered by a slightly turned box. P fell and sustained injuries. P sued D alleging that D was negligent in creating a dangerous condition and in failing to warn him of the existence of the dangerous condition. P claimed that D owed him a duty to maintain an establishment free of dangerous conditions, including exposed pallets throughout the aisles. D filed a motion for summary judgment, contending that the presence of the pallets was open and obvious and that it was not liable for injuries arising from an open and obvious hazard. P claimed that even though he could see part of the pallet under the boxes that it was underneath, he was unable to see the corner. P argued that even if the condition was obvious there was the issue of creating the peril. D got the summary judgment and P appealed.

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