Final Summary Judgment for Homeowner - Slip and Fall

Tampa Partner Howard Scholl and Tampa Associate Linda Brown obtained a summary judgment in a trip and fall claim in Hernando County. Plaintiff allegedly tripped over a PVC cap as she was walking her dog down the sidewalk in a residential neighborhood in front of our client’s home. Ultimately, the Court deemed the condition so open and obvious the homeowner had no duty to warn Plaintiff of the cap and did not find an explanation why Plaintiff was not able to observe the PVC cap particularly given the color of the cap, the fact there were multiple caps and each cap was next other caps which were blue, the time of day and other factors.