Summary Judgment Granted in Premises Liability Case

Attorneys Heather Phelps and Zane Raphael obtained a Motion for Summary Judgment in a premises liability case in Tarrant County regarding the defendant’s duty to plaintiff at a movie theater.

Background

At a movie theater, the Plaintiff tripped on a bench and broke his hip. Zane argued that the bench was open and obvious, thereby discharging defendant of any duty owed to plaintiff.

Analysis

The court reviewed Plaintiff’s testimony that he was not looking down or watching where he was walking when he tripped. The court also looked at photos of the bench, which was a bright red color in contrast to the wooden walls and darker floors. As a result, the court held that the defendant owed the plaintiff no duty because the bench was open and obvious.