Brief Description of Case:
Alleged slip and fall where infant, an eighth-grade student, slipped during recess while he was walking across a field and fell in an area that was depressed and had a storm drainage grate embedded in the grass. Infant claims to have not seen the grate prior to his accident, and further claims that the area/depression was filled with mud/muddy water, leaves and grass.
Court or Jury’s Decision and Reasoning:
The Court’s Order finds that the undersigned successfully met our prima facie burden of showing that the alleged condition was both open and obvious and not inherently dangerous. Additionally, the Court held that, on opposition, plaintiff s expert affidavit is insufficient to raise an issue of fact as to: (1) whether the muddy puddle constituted a dangerous condition, or; (2) whether it was open and obvious.