Andrew Sysak and Jennifer Artman recently obtained summary judgment in favor of a property owner in a slip and fall case involving an individual who allegedly slipped due to ice formation at the edge of a driveway, which was alleged to have been caused by inadequate drainage on the premises. The Plaintiff was the relative of a tenant who had resided at the property for several years before the accident. On the day in question, the Plaintiff left the property and walked to the edge of the driveway wherein she specifically observed an icy condition, which she then attempted to step over unsuccessfully, thereby falling and injuring herself.
Attorney Sysak argued that the condition was open and obvious based upon the testimonial admissions of the Plaintiff, and that the Plaintiff assumed the risk by attempting to step over the icy condition that she readily observed as opposed to walking around it or making any effort to take another viable route to get to her ultimate destination.
After oral argument, the Court granted summary judgment in favor of the property owner finding that the Plaintiff assumed the risk of her injuries on the date in question, and dismissed the case against the property owner.
For further information on this case, feel free to email Attorney Sysak ads@andrackilaw.com or Attorney Artman at jaa@andrackilaw.com.