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Jay O’Brien Obtains Summary Judgment in Premises Liability Suit

August 14, 2020

On August 14, 2020, Jay O’Brien obtained summary judgment on behalf of the owner and manager of a mobile home community.  Plaintiff filed a lawsuit after she tripped and fell on two separate occasions over a concrete slab on the property adjacent to her mobile home.  She sustained significant facial injuries, as well as injuries to her neck and back, and claimed in excess of $100,000.00.  Plaintiff contended that Defendants allowed a hazardous condition to exist for many years on the premises despite her complaints and assurances it would be removed.  The Court held that because the concrete slab was not on her property she did not need to walk upon it for ingress to, or egress from, her home.  Despite that, she continued walking over the slab on multiple occasions, including the same areas where she fell.  Because Plaintiff had equal knowledge of any hazardous conditions posed by the concrete slab, Defendants were entitled to summary judgment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.