Issues of Fact Preclude Summary Judgment in Case of Fall Through Porch Railing

In the case of Rockey v. Stearns, No. CV-2022-00791 (C.P. Lyc. Co. Feb. 29, 2024 Carlucci, J.), the court denied a Defendant’s Motion for Summary Judgment in a case where a Plaintiff allegedly fell off of a porch when the railing broke loose from a structural post and collapsed.

The court denied the Motion for Summary Judgment after finding that there were genuine issues of material fact to be considered by a jury.

More specifically, the court noted that the fact that the railing collaposed allegedly under only a light load, and given the condition of the railing as described by the Plaintiffs, there was support in the records that a jury could find that the railing was in a defective condition.

The court also noted that, the fact that the railing had been repaired earlier, and that the homeowner had owned the home for forty (40) years, supported a possible conclusion by a jury that the homeowner had either actual or constructive notice of the allegedly defective condition of the railing.

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Source: Law.com, “The Legal Intelligencer Common Pleas Case Alert” (June 5, 2024).