Tuesday, September 4, 2018

Summary Judgment Granted in Stepping Off a Curb Trip and Fall Case

In the case of Slappy-Sutton v. Speedway, LLC, No. 16-CV-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 after misjudging the step down from a curb while exiting a Convenient Store and attempting to go back to his car in the parking lot after refueling his vehicle.   The Plaintiff alleged a failure to make the curb a different color in order for patrons 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 found that the curb was not a dangerous condition and one that a pedestrian should ordinarily expect to encounter.

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. 

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

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