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May
2024

OLG DEFEATS APPEAL CHALLENGING SUMMARY JUDGMENT THAT OLG OBTAINED IN PREMISES LIABILITY CASE

 General

OLG’s client, who is a real estate developer and philanthropist, was sued by a family member for her trip and fall at his residence during the charity fundraiser event that he was hosting. Plaintiff claimed that her shoe got stuck between crevices in the driveway’s stamped cobblestones. OLG moved for summary judgment on the grounds that the cobblestone-like design did not constitute a dangerous condition and that OLG’s client lacked notice of any danger because, despite thousands of visitors over several decades, there was no evidence of prior complaints or falls. The Trial Court agreed with OLG finding that the driveway appeared to be in “excellent condition.”

On appeal, Plaintiff argued that the Trial Court erred in granting summary judgment. Plaintiff contended that differences between the experts’ crevice crevasse measurements precluded a finding that the condition was trivial. Plaintiff also argued that the absence of direct testimony from the homeowner precluded a finding that he lacked notice. OLG responded that, notwithstanding measurement discrepancies, the driveway’s characteristics did not present an unreasonable risk of injury and that evidence showing the homeowner’s employee had inspected the driveway on a daily basis established lack of notice, and the no evidence exists to support Plaintiff’s position. Agreeing with OLG, the Court of Appeal affirmed summary judgment.

Sherri Matta drafted the motion for summary judgment and reply and successfully argued the summary judgment before the trial court. Ms. Matta She also drafted the Respondent’s Brief and presented the successful oral argument in the Court of Appeal.