The Plaintiff asserted he tripped and fell over an empty pallet while shopping in the Lawn & Garden Department resulting in injury to his back and hip. He sued for damages related to the injury.
Following Plaintiff’s deposition testimony where he admitted the pallet was clearly visible following the incident and that he walked between two pallets to get the product he wanted. HM&B filed a Motion for Summary Judgment arguing the condition was open and obvious.
The Court considered the Motion, Plaintiff’s Response to the Motion for Summary Judgment, and heard oral argument from the parties. The Court concluded that the undisputed facts demonstrate that the alleged hazard was an open and obvious condition inherent to the garden center. As such, there was no genuine issue of material fact, and granted Summary Judgment as a matter of law. Shaunda Hill and Patricia Concepcion were the lawyers who secured this great result for the client!