Woolery, Leroy v. Regions Bank

Courtney Lucke (Tampa, FL) (Premises Liability) obtained Summary Judgment for Regions Bank in Polk County, Florida. The Plaintiff tripped and fell over a curb attempting to enter the bank. Plaintiff filed an action asserting that Regions Bank was negligent in failing to maintain its parking lot and sidewalks in a safe condition. Although we admitted that Regions Bank owed a duty to maintain its premises in a reasonably safe condition and warn of known dangers, we argued that no duty was breached as the condition was open, obvious, and not inherently dangerous. We further argued that Plaintiff had actual knowledge of the condition given that he testified that he had been to the Bank “hundreds” of times before and utilized this same path and curb on many occasions. The Court agreed with our position and granted Summary Judgment in Defendant’s favor.