Minneapolis, MN
In January 2010, Plaintiff slipped and fell on a patch of ice while exiting her vehicle near the rear loading area of a metro furniture store. Plaintiff alleged she underwent surgery and later became entirely disabled, requiring millions of dollars in future health care costs. Plaintiff brought suit against the owner of the property, the property manager, and the contract maintenance company. The Premises Liability Defense Team of Robert E. Kuderer and Jenna M. Powers represented the property manager and its maintenance contractor.
On March 6, 2012, the case was dismissed at the summary judgment stage because none of the Defendants owed Plaintiff a duty of care. Sherburne County Judge Thomas D. Hayes found that the ice Plaintiff slipped on was not only open and obvious, but so obviously dangerous that Defendants did not owe her a legal duty of care, citing her status as a lifelong Minnesota resident and deposition testimony that the ice patch was visible. The court rejected Plaintiff’s argument that she was distracted and that Defendants were liable despite the obvious ice hazard.