Successful Summary Judgment In Premises Liability Case

October 1, 2004

Michael J. Nunez and Robert Clayton successfully filed a motion for summary judgment in a premises liability case.

Plaintiff attended a seminar presented by L.A. Neighborhood Housing Services Corp. ("LA NHSC") at the Radisson Hotel in Los Angeles and alleged that she lost her footing and fell down the stairs that she was descending. Plaintiff's Complaint originally named only the property owner (i.e. Radisson Hotel) as a defendant. On the eve of trial, Plaintiff amended her Complaint to name LA NHSC. Plaintiff alleged that the defendants were negligent in the management and maintenance of the property because a dark stairwell was allowed to exist on the property.

Upon service of Plaintiff's amended Complaint, counsel for LA NHSC successfully moved for a trial continuance and filed a Motion for Summary Judgment. The defense moved for summary judgment on the grounds that the undisputed evidence in the case revealed that LA NHSC was not responsible and did not maintain the lighting on the premises. It was asserted that summary judgment was therefore warranted because LA NHSC owed no duty to Plaintiff.

Additionally LA NHSC asserted that Plaintiff admitted that she observed the lighting condition in the stairwell before she knowingly and voluntarily choosing to descend the stairs. Therefore, summary judgment was proper under the "open and obvious" defense as plaintiff was aware of the allegedly dangerous condition before her fall and thus, defendants had no duty to warn her of the same. The Court agreed, and granted LA NHSC's motion on both grounds. Judgment was entered in favor of LA NHSC and against Plaintiff.