“In short, a reasonable person in Bryant’s position might have overlooked it. Courts have routinely denied summary judgment and found a genuine issue of fact as to whether a condition was open and obvious where the plaintiff failed to notice a condition prior to slipping or tripping under facts like this case,” said U.S. District Judge Lindsay C. Jenkins.
“In short, a reasonable person in Bryant’s position might have overlooked it. Courts have routinely denied summary judgment and found a genuine issue of fact as to whether a condition was open and obvious where the plaintiff failed to notice a condition prior to slipping or tripping under facts like this case,” said U.S. District Judge Lindsay C. Jenkins.
