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Negligence : Premises Liability – Open And Obvious Danger
Stephanie Maniscalco//November 15, 2017//
Where a plaintiff brought a personal injury action against a hospital after she was injured when she tripped and fell over a curb on the hospital premises, the judgment for the defendant is reversed and remanded because the defendant had a duty to warn the plaintiff as an invitee of dangerous conditions, and the curb was not painted to contrast with the driveway, so whether the curb was an open and obvious condition was a question of fact for the jury.
Judgment is reversed and remanded.
Christian v. Saint Francis Medical Center (MLW No. 71168/Case No. ED105186 – 4 pages) (Missouri Court of Appeals, Eastern District, Mooney, J.) Appealed from circuit court, Cape Girardeau County, Lewis, J. (Michael Moroni for appellant) (James A. Cochrane III, James E. Laramore and Keith H. Holland for respondent).
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