Bailey, Nora R,; Monge, Zoe E.

Morgan & Morgan, PA

Motion for Summary Judgment 

Stuart Senior Partner, Nora Bailey and Stuart Associate, Zoe Nelson prevailed on a Motion for Summary Judgment in a premises liability matter styled Plaintiff v. Lamplighter MHP Associates LC. The insured was a property owner/landlord of a mobile home park. Plaintiff was hired by one of the tenants to perform pressure cleaning services on her mobile home, and allegedly sustained personal injury after he slipped and fell on the adjoining curtilage connecting the tenant’s driveway to the street. Specifically, Plaintiff alleged that he slipped on an old, oily substance and was injured. However, the only evidence supporting Plaintiff’s claim was his own testimony and one photograph of the subject location taken one month after the incident. Plaintiff admitted Lamplighter MHP Associates LC had no actual notice of a dangerous condition. Defendant argued that a slip and fall alone is insufficient to establish constructive notice; there must be more facts, for example, footprints indicating that the alleged transitory substance existed for a sufficient period of time that Defendant knew or should have known about its existence. In addition, Defendant argued that this was a classic stacking of inferences case, and the Court could not rely on the inference that Plaintiff slipped on an allegedly old, oily substance to the exclusion of all other inferences and absent evidence to support same. The Defendant argued that it was equally possible that Plaintiff slipped on the pressure cleaning fluid that he used moments prior to the fall or water from the runoff of the pressure cleaning. Judge Naberhaus agreed and granted the Motion for Summary Judgment. Read More.