Summary Judgment was granted in the recent Lackawanna County Court of Common Pleas decision of Rovinsky v. Lourdesmont, No. 2011-CV-2304 (C.P. Lacka.
According to the Opinion, the Plaintiff was present at the Lourdesmont facility as a business invitee. She was performing as a lunch monitor in the cafeteria area when a food fight broke out. As the Plaintiff was exiting the cafeteria after the food fight, she allegedly slipped on a clearest/reddish fluid and was allegedly injured.
After discovery, the Defendant filed a Motion for Summary Judgment arguing that the Plaintiff’s deposition testimony demonstrated that the Plaintiff was aware of the risk created by the food fight and that she voluntarily chose to encounter such risk. According to the record before the Court, the Plaintiff admitted that, prior to slipping, she saw food, water, and juice on the floor of the cafeteria. However, immediately before she fell, she did not look at the ground in front of her when she slipped on the clearest/reddish fluid.
Relying primarily on the assumption of risk case of Carrender v. Fitterer, 469 A.2d 120 (
Under Carrender, a possessor of land does not owe a duty of care to an invitee when the danger or hazardous condition is known or obvious and invitee continues despite the presence of the condition. Judge O'Brien granted summary judgment on the basis of that precedent in this Rovinsky case.
It is noted that summary judgment was entered as to less than all of the defendants. A claim against the culinary management company that ran the cafeteria is ongoing.
I send thanks to Attorney Lauren Dobrowalski of the
Source of photo: John Belushi from Animal House (1978).
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