Plaintiff alleged injuries after tripping on light-colored landscaping rocks located at the edge of a parking lot fire lane outside a national wholesale retail warehouse. Plaintiff claimed the rocks created a hidden hazard and argued that the property owner failed to properly inspect, maintain, or warn of the condition. The defense moved for summary judgment, with Samantha Loveland presenting oral argument and Stefanie Gonzalez preparing the motion. At hearing, HM&B emphasized two key points: (1) there was no evidence the rocks had been present long enough to give actual or constructive notice; and (2) the rocks were open and obvious, sitting in stark contrast on dark asphalt adjacent to a bright yellow fire lane marking not intended for pedestrian use. The Court agreed, finding no genuine issues of material fact and holding that the alleged condition was both open and obvious and outside the scope of any duty owed. Summary judgment was entered in full for the defense.
