Congratulations to Natalie C. Schaefer and Shannon M. Rogers on winning summary judgment for our client, a West Virginia municipality, in a trip-and-fall case in the Circuit Court of Kanawha County.
The Court held that the plaintiff had not produced evidence that the defendants negligently breached their duty of reasonable care. It found no evidence that the defendants knew or should have known of the alleged condition, and no law or industry standard requiring warning signs. The plaintiff relied on a municipal ordinance and on the Tort Claims Act’s public-grounds provision, but the Court held that neither one removes the need to prove negligence.
This is a good reminder that breach and notice still matter in premises cases.
About: Shuman McCuskey Slicer PLLC is a civil defense litigation law firm defending businesses, professionals, and insurers in high-stakes litigation. The firm has over 20 attorneys licensed to practice in West Virginia, Virginia, Ohio, Kentucky, and Pennsylvania. SMS was founded in Charleston, WV, where it remains headquartered and has additional offices in Morgantown, WV, and Winchester, VA.
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