Carr Allison attorneys E. Glenn Smith, Jr. and Alex Townsley of our Mobile (AL) office, obtained summary judgment and full dismissal with prejudice for a regional retail chain store specializing in building materials and home décor in a case pending in Mobile County (AL).
The case involved a trip and fall over a material transport cart on the store’s showroom floor. Mr. Smith and Mr. Townsley argued to the Court that the duty owed to the customer was limited to hidden defects which are not known to the customer and would not be discovered by the customer in the exercise of ordinary care. They further argued that the transport cart was an open and obvious condition that should have been observed by a reasonable person. The Court agreed and determined that the condition was one that was open and obvious and granted the Motion for Summary Judgment in favor of the Defendant and dismissed all claims.