Hugh O’Neill wins summary judgment in premises liability action claiming permanent disability.

On May 15, 2019, Attorney Hugh O’Neill of TT&H’s Harrisburg office won summary judgment in connection with a fall that occurred on the premises of a Juniata County animal husbandry business. The Plaintiff claimed that she fell due to a depressed area in the facility’s parking lot. In his Motion for summary judgment, Hugh argued that the defect in the parking lot was de minimis and open and obvious. In granting summary judgment, the Court held that the defect was not “patently dangerous” and not so “large and unusual as to appear dangerous to the ordinary pedestrian.” Thus, the defect was deemed trivial and de minimis. Moreover, the Plaintiff admitted that there was no debris or weather-related issues that obstructed her view of the defect. Therefore, the Court also found that the alleged defect was open and obvious. As a result of the fall, Plaintiff claimed that she needed to undergo multiple surgeries and was permanently disabled.

Questions about this case can be directed to Hugh O’Neill, at (717) 255-7629 or honeill@tthlaw.com.