TT&H Attorney Lacey Conn Wins Summary Judgment in D.C. Superior Court Premises Liability Action
May 26, 2023
TT&H Attorney Lacey Conn recently won summary judgment in the Superior Court for the District of Columbia. The Plaintiff alleged that a bathroom door fell off its hinges and landed on her, causing a rotator cuff tear that required surgical repair. The stall door had reportedly fallen off of the hinges approximately six months before the subject incident, but the Plaintiff could not point to any other evidence that would have placed the property owner on actual or constructive notice of the alleged defect with the door or hinges. In addition, the Plaintiff could not identify the nature of the alleged defect, nor could the Plaintiff establish how long it had existed. According to the Plaintiff, the door looked fine to her when she entered the stall immediately before the incident.
Accepting Lacey’s arguments, the D.C. Superior Court found that the Plaintiff could not establish a prima facie case of negligence, as the record lacked evidence tending to show that the property owner breached its duty to maintain the property in a reasonably safe condition. Moreover, the Court found the doctrine of res ipsa loquitur inapplicable, as the Plaintiff failed to establish that a bathroom stall door falling off its hinges would not ordinarily occur in the absence of negligence.
Questions about this case can be directed to Lacey Conn at (571) 464-0433 ext. 8433 or lconn@tthlaw.com.