Defendant Quaker Steak first asserted that it was entitled to summary judgement in that the injured Plaintiff, initially a business invitee, should be legally determined to be a trespasser after improperly exiting premises over a guardrail and through landscaping. The Defendant asserted that, as such conduct was not authorized, the only duty owed to the alleged Plaintiff was that the landowner avoid willful or wanton misconduct towards alleged trespassers.
|Senior Judge Carmen D. Minora|
As a second basis for its Motion for Summary Judgment, Quaker Steak asserted that the Plaintiff chose a route to the parking lot which was unsafe as opposed to the safer alternative route that the Plaintiff had previously used to enter the premises earlier. In this regard, Quaker Steak asserted the Plaintiff’s comparative negligence as a result of this choice of route barred the Plaintiff recovery.
The court likewise found that issues of fact prevented it from entering summary judgment in this regard.
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