News Brief

Young and Saunders Obtain Summary Judgment in Premises Liability Action

December 14, 2022

Rebecca Young (Of Counsel-Birmingham, AL) and Anna Saunders (Associate-Birmingham, AL) obtained a victory for a Fortune 500 national retailer and tenant in a premises liability action, as well as on behalf of the commercial property owner and manager. The plaintiff sued for injuries sustained when she tripped and fell on a concrete wheel stop in the parking lot managed and owned by both defendants. It was undisputed that the plaintiff suffered significant injuries as a result of her fall, which required surgery and months of expensive medical treatment, and resulted in permanent injury and restrictions. Plaintiff’s liability theories included ADA and building code violations, premises liability, negligence per se and wantonness, for which the plaintiff sought punitive damages. Rebecca and Anna argued that the wheel stop that caused the plaintiff’s fall was objectively “open and obvious,” which eliminated our clients’ duty and foreclosed all of the plaintiff’s claims. The Northern District Court agreed and granted the motion for summary judgment, disposing the plaintiff’s case in its entirety.

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