Summary Judgment Granted in Favor of GL Realty

January 1, 2003

Summary Judgment in Premesis Liability Case Summary judgment was recently granted in favor of GL Realty in a premises liability case handled by Guy R. Gruppie, Catherine B. Kim and Michael J. Nunez of Murchison & Cumming's Los Angeles office.

The plaintiff, a 69-year-old retired retiree, tripped and fell over a handicapped parking tire stop fracturing her left elbow, arm and shoulder. The accident occurred in the parking lot of a suite of medical offices when she was accompanying her grandson and elderly husband to a doctor's appointment.

She underwent several surgeries and required placement of internal fixation. Besides orthopedic complications, her doctors opined that plaintiff's pre-existing coronary artery disease was worsened by the accident and related surgeries. Her medical bills approached six figures.

Plaintiff's husband did not see the accident, but did seek recovery on a loss of consortium claim.

The complaint alleged that the property owner, which also developed the land, was negligent because the tire bump was placed near a pedestrian walk path to/from the medical suites, constituting a hazard to individuals entering and exiting the building.

At deposition, plaintiff admitted, several times, that she had noticed the tire stop before she tripped over it, that it was not obscured from view and that she had safely entered the building that way, that day, by taking the same path, going safely past the blue tire stop.

Defendant's motion for summary judgment argued that the tire stop was not a dangerous condition in that it was open and obvious. The court ruled as a matter of law that the placement of the tire stop did not constitute a dangerous condition, that if there was a danger plaintiff was well aware of it, and that the defendant had no duty to warn of such an obvious condition of the premises.