Court Grants Summary Judgment Motion, Exonerating Murchison & Cumming Client in Construction Area Accident Lawsuit

April 29, 2008

M&C attorneys Guy R. Gruppie, Corine Zygelman and Anastasia K. Mazzella recently won summary judgment for defendant R. J. Noble Company in a personal injury action that arose out of an accident that occurred when plaintiff allegedly tripped and fell on a construction sign while attempting to apparently get to her mailbox.

Judge Robert J. Moss of the Orange County Superior Court ruled as a matter of the law, the sign did not constitute a dangerous condition but even if it did, it was "open and obvious" to Mary Harringer, who suffered multiple injuries including a concussion in the May 5, 2005 incident.

Defendant's moving papers called into question that plaintiff was in fact trying to get to the mailbox at her address and argued that whether or not Ms. Harringer's attention was focused on oncoming traffic--rather than the sign--was irrelevant to the assessment of whether it was either a dangerous condition or open and obvious one.

Key evidence elicited in discovery included an admonition from the plaintiff, a retired medical technician, that she was first aware of the sign as much as three months before the accident allegedly occurred.

At the time of the accident, R. J. Noble, one of Orange County's most respected contractors, was performing road rehabilitation work pursuant to a contract with the City of Costa Mesa.

Defendant will seek recovery of a substantial cost bill.