Plaintiff Scott Christopher Crowley commenced an action to recover damages for personal injuries that he sustained while attending a parade on defendant's property, alleging that he fell over a makeshift fence that was constructed using green rubber garden hoses strung across wooden posts.

Crowley asserted that the defendant created or caused a dangerous condition to remain on its property and that defendant's negligence was the proximate cause of his injuries. Defendant moved for summary judgment dismissing the complaint, arguing that it did not have a duty to plaintiff because the rubber hose strung on the wooden posts was obvious and not inherently dangerous and any negligence on its part was not the proximate cause of the plaintiff's injuries.