WSHB partners Christopher Heo and Jack Pemberton succeeded in their motion for summary judgment on behalf of the client, a resort vacation club, accused of negligence and premises liability after a patron was injured in a slip and fall incident.
Plaintiff was injured when he slipped and fell outside his unit at the resort club. He had just arrived at his unit when he slipped and fell down a short set of stairs. Plaintiff claims that it was sprinkling at the time and that the condition of the deck caused him to slip and fall. The facts also show that immediately after he fell, his wife ran to his assistance across the same deck and down the same staircase and did not suffer a fall.
The WSHB team argued that the resort met its duty to make the premises reasonably safe through its selection of decking and stair materials that were up to or exceeded industry standards. The configuration of the deck and stairs was also consistent and in compliance with the applicable building code and governing county rules. For these reasons, WSHB argued on behalf of the client that the plaintiffs had failed to present a genuine issue of material fact regarding the configuration and condition of the deck and staircase.
After carefully considering plaintiff's' case, the court granted summary judgment to the defense. Congratulations to Chris and Jack on this excellent outcome!
