affidavit, Harrington stated that the flea market was getting crowded and that she was forced to walk over or adjacent to the grate with the tire spikes to exit the flea market and reach her friend. She stated that the bright sun was shining directly in her eyes, and she specifically denied seeing the spikes prior to her fall: "[I] was aware that the grate was there, but the spikes in the grate were aimed directly at me and were difficult to see until after I had fallen."
On May 26, 1995, the district court ordered summary judgment in favor of Syufy Enterprises, concluding from Harrington's affidavit that no facts gave rise to a claim of negligence. The district court denied Harrington's motion for reconsideration, concluding: "In its earlierin defendant's lobby. The planter was two feet wide and ran along a plate-glass window for approximately thirty feet. The planter was in a box, the border of which was three or four inches above the level of the floor and was concealed by artificial foliage which was a foot and a half or two feet high. Plaintiff conceded that she fell because she did not see the planter, and it was apparent the reason she did not see the planter was that she was moving backwards in the act of turning around. After presentation of plaintiff's evidence, the district court granted defendant's motion for involuntary dismissal under NRCP 41(b). This court, after noting no evidence existed that the planter was hidden or concealed, deemed the peril "obvious"