Huie attorneys Gordon Sproule, Bart Cannon and Alex Parish recently obtained summary judgment as to all claims against a Huie client in the Circuit Court of Cullman County. The case was brought by a customer of the retail store client who sustained facial injuries when she fell while at a step down while shopping in the store. The Plaintiff claimed the store failed to maintain a safe environment and to warn her of the alleged danger. She asserted claims of negligence and wantonness against the store related to the fall.
After taking the Plaintiff’s deposition, Huie attorneys filed a Motion for Summary Judgment establishing the alleged condition was open and obvious as a matter of law because, among other reasons, the area included conspicuous handrails, caution tape and warning signs. Huie attorneys were able to further establish through her deposition that the Plaintiff immediately fixed her gaze on a wall in the store upon entry and through the time of her fall. In response, Plaintiff argued there was a question of fact as to whether the condition was open and obvious. The Court rejected the Plaintiff’s arguments and granted Summary Judgment in the store’s favor as to all claims.