Tuesday, January 16, 2024

Watch Your Step -- Step Down from Raised Restaurant Table Ruled an Open and Obvious Condition -- Summary Judgment Granted

In the case of O’Meara v. Texas Roadhouse, No. C-0048-CV-2022-752 (C.P. North. Co. Dec. 21, 2023 Sletvold, J.), the court granted a Motion for Summary Judgment filed by Texas Roadhouse in a slip and fall case.

The Plaintiff alleged that she was caused to slip and fall at the restaurant as she was stepping away from her table which was up on a raised floor.

After reviewing the record before the court, which included confirmation that the Plaintiff had, minutes before her fall, observed the step in question, ascended into the booth, and then noticed a warning sign on the table about the raised area. The court also noted that, during her deposition, the Plaintiff admitted that, if she had looked down as she was leaving the booth, she would have noticed the step.

Applying the law on premises liability in Pennsylvania, the court ruled that the unobscured raised threshold to the table was an open and obvious condition and that a reasonably diligent invitee would have noticed the same. As such, the court found that the Defendant owed no duty to the Plaintiff with respect to this open and obvious condition. Accordingly, summary judgment was granted in favor of the Defendant.

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

I send thanks to Attorney Jennifer G. Shorr of the Philadelphia office of Weber Gallagher for bringing this case to my attention.

Source of Image:  Texas Roadhouse Facebook Page.

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