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.

Source:  The Legal Intelligencer Common Pleas Case Alert at Law.com (April 17, 2024). 

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