Wednesday, August 25, 2021

Summary Judgment Granted in Fall Down Case Where No Evidence of Issues With Carpet Produced

In the case of Molinaro v. Nemacolin Woodlands, Inc., No. 1661 of 2016 G.D. (C.P. Fayette Co. May 4, 2021 Wagner, P.J.), the court granted summary judgment in favor of the Defendant resort on a claim by a Plaintiff that he sustained injuries when he allegedly fell in his room at the resort.

The Plaintiff alleged that the carpet on the floor was raised and insecure, which caused him to fall when he got up from a chair. According to the Plaintiff, something moved or rolled under his foot.

The court noted that, when paramedics arrived to treat the Plaintiff, they noticed an odor of alcohol about the Plaintiff. The Plaintiff admitted to the paramedics that he had been drinking.

After reviewing the record, the court found that the Plaintiff failed to establish that the carpet in his room at the resort was loose, raised or otherwise insecure. The court also noted that nothing in the record indicated that there were any problems with the carpet either prior to the Plaintiff’s fall or that there were any repairs or replacements to the carpet in this particular room after the incident.

After finding that the Plaintiff failed to meet his burden of demonstrating the existence of a hazardous condition, the court granted the Defendant’s Motion for Summary Judgment and dismissed the action.

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

Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (July 27, 2021).


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