Wednesday, August 8, 2018

Curb Deemed Open and Obvious in Trip and Fall Case

In the case of Slappy-Sutton v. Speedway, LLC, No. 16-4765 (E.D. Pa. June 22, 2018 DuBois, J.), the court granted a Defendant’s Motion for Summary Judgment in a trip and fall case involving a curb after the court found that the curb presented an open and obvious condition.  

The Plaintiff tripped and fell over a curb in a Convenient Store parking lot after refueling his vehicle.   The Plaintiff alleged a failure to make the curb a different color to distinguish the curb from a nearby cement strip.   After reviewing pictures and expert testimonies provided by the parties, the court noted that local township code provisions did not require a landowner to distinguish between the color of a curb and the pavement below.  

The court was also influenced by the fact that the Plaintiff admitted that the lighting in the area was “pretty decent” and that he could clearly “distinguish the rise and step up” as he entered the store.  

As such, summary judgment was granted.  

Anyone wishing to review a copy of this case may click this LINK.    The companion Order of Court can be viewed HERE.

Source:  “Digest of Recent Opinions” Pennsylvania Law Weekly (July 17, 2018). 
 



 

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