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CLINTON & CLINTON WINS MOTION FOR SUMMARY JUDGMENT IN TRIP AND FALL CASE

DATE: 6/20/2018

CLINTON & CLINTON WINS MOTION FOR SUMMARY JUDGMENT IN TRIP AND FALL CASE

Todd Austin and Laurie Book of Clinton & Clinton recently won a Motion for Summary Judgment against a plaintiff who tripped and fell on the premises of a San Diego County hotel. The plaintiff was walking on a walkway on the hotel grounds when he tripped and fell on an unidentified object. The plaintiff presented some evidence that the hotel's vendors were loading equipment in an unsafe manner in the area where he fell, but he could not otherwise state what he tripped over. In the Motion for Summary Judgment, Clinton & Clinton argued that, because the plaintiff could not sufficiently identify the object over which he tripped, no reasonable trier of fact could find that the object constituted a dangerous condition or that the hotel owner had notice of any dangerous condition. The Court agreed and granted the hotel's Motion for Summary Judgment.