19th Jul 2018
NTC’s Tim Kubik recently won a Motion for Summary Disposition in Oakland County Circuit Court for one of Novara Tesija & Catenacci’s valued insurance carrier clients. During the Fourth of July holiday, the plaintiff had fallen down a set of stairs at a local putt-putt golf course, sustaining multiple fractures to her wrists, as well as head trauma. Given her extensive injuries, the plaintiff demanded more than half a million dollars to resolve the claim.
The plaintiff argued that the stairs were “an optical illusion” that obscured her view of the top step and caused her fall. She also argued that the stairs were improperly lit, since the accident occurred at dusk. Tim diligently pursued her medical records, which showed that she was admitted to the hospital at 6:15p.m., approximately 45 minutes after the accident. Tim therefore argued that the accident had not occurred at dusk, as the plaintiff had alleged. Accordingly, there was no issue with the lighting of the steps. He also argued that, under prevailing case law, the steps as a whole were open and obvious, even though the plaintiff might not have seen one of the steps. The judge agreed with Tim, dismissing the case based on the “open and obvious” doctrine.