Summary Judgment Granted in Parking Lot Case Based on Open and Obvious Doctrine

In the case of Ersick v. Joe’s Store, No. 3082-CV-2022 (C.P. Westmoreland Co. July 25, 2024 Smail, J.), the court addressed issues in a premises liability case.

According to the Opinion, this matter involved a trip and fall in the parking lot of a store. The Plaintiff allegedly fell over a black and yellow parking block that she allegedly could not see because her view was obscured by the truck from which she exited in a parking spot immediately before she fell.

The defense filed a Motion for Summary Judgment arguing that, first, the Plaintiff failed to present evidence to identify what caused her to fall and, secondly, that the parking blocks at issue were known by the Plaintiff or were otherwise open and obvious. 

The Plaintiff countered with an argument that the evidence revealed that her fall was caused by a defective parking block and that the question of a dangerous condition should be lift to a jury.

Reviewing then record before it, the court found that the Plaintiff did indeed identify which parking block allegedly caused her to fall.

However, the court agreed with the defense that the parking block at issue was an open and obvious condition that the Plaintiff admittedly observed prior to her fall down event. It was additionally indicated that the incident occurred during daylight conditions, that the Plaintiff had previously visited the store during the day, that the Plaintiff recalled attempting to step over the block, and that the Plaintiff was able to recall that the parking block had yellow or orange stripes on it.

As such, the court granted summary judgment to the defense after finding that the condition which allegedly caused the Plaintiff to fall was an open and obvious condition.

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


I send thanks to Attorney Thomas W. Summers of the Pittsburgh office of the Summers McDonnell Hudock, Guthrie & Rauch, P.C. law firm.