Thursday, June 6, 2024

Summary Judgment Denied in Premises Liability Case Brought by Jogger in Which Defense Alleged Trivial Defect with Sidewalk

In the case of Jennings v. Garner, No. CV 2021-CV-00391 (C.P. Lyc. Co. Feb. 2, 2024 Carlucci, J.), the court addressed a Defendant’s Motion for Summary Judgment in a case filed by a Plaintiff who had allegedly tripped and fallen on the Defendant’s uneven sidewalk while jogging at night.   

The Defendant asserted that the alleged 2-inch defect in the sidewalk was a trivial defect and that no duty rested upon the Defendant to correct the same.  The Defendant additionally asserted that the Plaintiff assumed a risk of injury by jogging at night.   

The court denied summary judgment after finding that, as a matter of law, a 2-inch defect in the sidewalk was not a trivial defect as asserted by the defense.   

The court additionally noted that the degree of assumption of risk by the Plaintiff was a matter to be resolved by the jury because it was certainly not 100% against the Plaintiff. 

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

SourceThe Legal Intelligencer Common Pleas Case Alert at (April 17, 2024). 

Source of imaging: Photo by Lara Jameson on

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