Tuesday, March 24, 2020

Motion To Dismiss Granted in Trip and Fall Case Due To Open and Obvious Condition

In the case of Moknach v. Presque Isle Downs, Inc., No. 1:18-CV-261 (W.D. Pa. March 2, 2020 Baxter, J.), a Defendant’s Motion to Dismiss was granted in a premises liability matter.

After reviewing the facts before it, the court ruled that a Defendant landowner did not owe any duty to a Plaintiff business invitee to prevent her from tripping over a large sign stored on the outdoor patio of a casino which the Plaintiff and her husband frequented.  The sign was red and several feet in length.   

The court agreed with the defense that the object was an obvious hazard. The court reiterated the rule of law that a person must look where he or she is going. The court found that the Plaintiff had an obligation to observe her surroundings and did not. 

As such, the Defendant’s Motion to Dismiss was granted. 

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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