Shaun DeCoudres and Joseph Driver of our Birmingham (AL) office recently had their summary judgment upheld by the Alabama Supreme Court.
The case involved a trip and fall at a shopping center while the plaintiff was walking through a construction zone that had been established in front of a store entrance during a renovation project. At her deposition, the plaintiff admitted she noticed the construction signs and warning as she was approaching the store; however, she claimed she fell because of uneven concrete that had been cut several days earlier as part of the sidewalk replacement project. Spray paint had been used to mark the uneven concrete. The open and obvious defense was argued at the summary judgment level and upheld at the appellate level.
Great job Shaun and Joseph!
