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Manley obtains Summary Judgment in Trip-and-Fall Case

05.17.10

Wade D. Manley recently obtained an order dismissing all claims of a plaintiff seeking a bodily injury award arising out of a trip-and-fall accident. The plaintiff alleged that she tripped over a rolled up section of carpet that partially blocked an entryway at her place of employment. Manley's client, a Pennsylvania building contractor, was renovating a portion of the building where the fall occurred. Manley argued that the plaintiff's claims must be dismissed because there was no evidence how the carpet section came to rest in the entryway or how long it had been blocking the entryway. Additionally, it was argued the plaintiff had assumed the risk of her actions by attempting to navigate around the carpet after having successfully passed by it moments earlier. Though precedent supported Manley's position, many jurisdictions are reluctant to enforce the standard of proof required in a trip-and-fall case and dismiss a case on a motion for summary judgment, without providing the plaintiff the opportunity to present his or her claim to a finder of fact.