Monday, November 2, 2020

Trip and Fall Allegedly Caused by Speed Bump Allowed to Proceed

In the case of Hawkins v. Wal-Mart Stores, East, LP, A.D. No. 2018-10184 (C.P. Butler Co. Oct. 13, 2020 Doerr, P.J.), the court denied a store Defendant’s Motion for Summary in a premises liability case.

According to the Opinion, the Plaintiff tripped over a speed bump on the way from the store and to the parking lot and allegedly sustained injuries as a result. 

In this decision, the trial court in Butler County denied the Defendant’s Motion for Summary Judgment on the liability issues. The court found that issues of material fact existed as to whether the speed bump presented as a dangerous condition. The court also found issues of material fact as to whether or not the speed bump was an open and obvious condition or that the Plaintiff was not observant of the conditions existing at the time. 

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

I send thanks to Attorney Brandon R. Keller of the Pittsburgh office of Simon & Simon, P.C. law firm.

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