Trip and Fall Case Allowed to Proceed to Jury on Question of Whether Defect Was Open and Obvious

In the case of Perotti v. Festival Fun Parks, LLC, No. 2:19-cv-1176 (W.D. Pa. July 27, 2021 Stickman, J.), the court denied a Defendant amusement park’s Motion for Summary Judgment in a trip and fall matter.

According to the Opinion, the Plaintiff tripped and fell on a hole in the ground in a parking lot.

The Plaintiff and her witness testified that the hole was difficult to see and that the Plaintiff never saw it before she fell.

The Defendant argued that it was entitled to summary judgment because the hole was open and obvious and should have been seen or known to by any reasonable passerby.  As stated, the Plaintiff and her witness alleged that the hole could not be easily seen. The Plaintiff and her witness even asserted that the hole was camouflaged.

The court ruled that, based upon the record before it, including the descriptions of the hole, an issue of material fact existed and it was for the jury to determine whether the hole was open and obvious.

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Source: “Digest of Recent Opinions.” Pennsylvania Law Weekly (Aug. 12, 2021).

Source of image (not subject park): Photo by Israel Palacio on Unsplash.com.