Summary Judgment Granted on Slip and Fall Claim Based on Insufficient Evidence

Attorneys: Burke, Thomas P.   Johnson, Nicholas

Related Industries: Premises Liability

 

January 21, 2014

Prior results do not guarantee similar outcomes.

Tom Burke and Nick Johnson recently obtained summary judgment on behalf of a homeowner sued for a slip and fall incident that occurred on property he had leased to Plaintiff’s sister and brother-in-law.  Plaintiff alleged that she fell as a result of a grease-like substance on the garage floor that the homeowner knew about before leasing the property.  Plaintiff alleged that the homeowner had a duty to clean up the grease and had a duty to warn Plaintiff of the existence of the grease.  The presiding judge entered summary judgment in favor of the homeowner because the premises were fully demised; therefore, the homeowner did not owe a duty to third parties on the premises. Additionally, the presiding judge found that the line of cases exemplified by Kimbrough v. Jewel applied and Plaintiff presented insufficient evidence to create a fact issue that the alleged grease was the cause of her fall.  Plaintiff’s testimony at her deposition was that she must have fallen because of the alleged grease on the garage floor even though she never found any grease on her shoe after the incident

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