Kelley v. Sun Communities

Courtney Lucke and Christopher Blain (Tampa, FL) (Premises Liability) were successful in obtaining a Summary Judgment in the Middle District Federal Court in Florida on a Premises Liability matter. The Plaintiff tripped and fell over an uneven sidewalk joint while walking his dog in the community where he lived. Plaintiff filed this action asserting the owner, Sun Communities, was negligent for failing to maintain the sidewalk in a safe condition. Although we admitted that Defendant 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 Plaintiff as the condition was open and obvious and therefore not dangerous and that Plaintiff had actual knowledge of the condition living in the community. We further argued that the incident itself was solely due to Plaintiff failing to watch where he was walking. As a result of the fall, Plaintiff suffered injuries to his knee that required surgery. The court agreed with our position and further noted that “the landowner is not required to foreclose all risk that the invitee (Plaintiff) will injure himself during an inattentive moment.” Sun Communities’ Motion for Summary Judgment was granted.